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Warbeard

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  1. Hi The first thing is a detailed remedy claim. The thing with this case is, is that my former employer did lots of damage to my business (under them) and my earnings through suspensions and then slander later on.
  2. Hello all I have sent my ET1 and it has been accepted, the hearing is on 7th October (fast!) I have the list of things to do from the ET judge and I was just wondering if I could get some advice on some aspects please? The original thread was titled 'how strong is my unfair dismissal claim?' I got my dismissal appeal decision letter approximately 3 days after my ET1 deadline, co-incidence? I waited until the very evening of the deadline to give them as much time as possible to give me the result, but I never expected them to get it to me before. Typical behaviour really.
  3. Hello everyone, just chiming in again. Still waiting for my appeal decision, and now I have just two weeks to file my ET1. I am not going to use a lawyer just yet, as it is an expense I really can't afford right now (that's not an excuse, life is crazy at the moment with a new baby on the way and a new expansion to the business). I'm going to start filling in the ET1 form this week, are there any tips or guidelines from experienced peeps on here for that job? The main thrust of my arguement will be unfair treatment, is there a term for this, as 'victimisation' means something else in employment law? (Although I will be including that angle also) Cheers in advance
  4. Hello again I had my dismissal appeal meeting today. I was expecting it to be a bog standard reading of letters and answering questions, but instead it has opened a whole new can of worms. One of the major points in my defence is that all the staff in my department have worn extra layers when it is cold, yet I am the only one being treated in this manner. They told me at the hearing today of new statements from staff that basically said that nobody wore extra layers except me. I was a bit upset as one of the people I'm still good friends with. So I gave them a phone call after the meeting.... Turns out they said no such thing, and are willing to provide me with another statement saying the truth and refuting the version given by the employers hr people. In fact, I have never seen any of these statements made by other staff in my department, yet they have been referanced by the hr people for some time now. I am quite shocked to be coming away from an appeal meeting with NEW evidence in my favour, this late into the case. I've requested the statements that have been allegedy used against me, while I am currently building a portfolio of staff and customers statements telling the truth that support my side of the story. Interesting stuff! (for me)
  5. Hello bigredbus I'm not sure how to answer those questions. 1)The extra layers were not sufficient enough to stop my hands from being so cold that I found it hard to write. 2)When the manager asked me to remove the clothing at only one point in the first incident was I made aware of them offering any clothing themselves, and that was when I was already leaving after being threatened with the police. I in no way believe that police involvement was needed, suggested or otherwise. They were telling me to leave the building and forfeit pay, which does not seem reasonable at all. 3)I allegedly said to a member (this member apparantly organises cleaning for the manager's house. Go figure) that I would get Sally back for the way she has treated me and my friend through her daughter. However, the 'witness' cannot remember when this conversation took place, and has given two different versions of events only three days apart in her statements. 4) The underlying reason for all this is because I was being subjected to some bullying type treatment from one of the other managers, I had put in complaints of his behaviour and reported him forging h&S paperwork. I also lodged a complaint how the manager had sacked someone in my department. The suspensions began just a couple of weeks after I filed these complaints. Everyone is terrified of the general manager because she has such a rep for sacking people just for not liking them, so people will lie and tread on egg shells around herr so as to not incur her wrath.
  6. Oh and in terms of where I am now, I have my dismissal appeal meeting finally set for next week. Only two months after I was dismissed! They know how to delay someone... I have no doubt that they will not give me the appeal decision until after the ET1 deadline has passed.
  7. Hello all The CAB have looked at the dismissal letter and said that it is very well written, and that if a tribunal looked at that and nothing else the tribunal would see nothing wrong. Pretty much as people on here have suggested already. I don't think I'm going to get any more free help (apart from you guys!) so now I'm looking at lawyers. I've been given some names and numbers, I guess it depends if they think it's worth pursueing. Obviously I feel it's worth pursueing, as the position this has put me in is back to the wall. To answer bigredbus's questions: a) What position do you occupy which needs wearing uniform? -Working in a commercial gym b) Is it a customer facing position? -Yes c) What is the company's policy in terms of uniform? -The uniform is to be worn at all times in completion. This in itself is quite silly, as part of our job role is teaching classes like spin or kick boxing. None of the gym staff wear their uniform for teaching these classes, it just isn't practical. In the summer when it's hot, all the staff (including the gym manager) wear only one layer of the uniform (there are two visible layers of different colour) and in winter when it's cold all the gym staff wear extra non-uniform layers. d) What kind of temperatures are we talking here? -I recorded them in November 2010 as low as 13C, that doesn't take into account the extra wind chill factor provided by cold air from the a/c. e) Have you been contacted by the Police in relation to the alledged offences? -No. I contacted the police to find out more, the Sgt in question then phoned me to answer my questions. He told me that he was taking no action.
  8. I'm just going through the CAB at the moment, as others have said they are very helpful.
  9. I totally understand you saying this Atlas. All I can say is that I'm not work shy. The air con would blow in spots stronger than others, but can be felt pretty much anywhere, as it's designed to keep people cool. The users DO complain. I have a large list of people who will attest to the cold in the gym. Problem is, complaints tend to fall on deaf ears as the problem lies in the nature of the air con and temperature regulation and that it requires a complete replacment. They are just not willing to spend the money. I have proof they have ignored staff complaints of cold for over a year, so however much weight that has I don't know. The police issue is easily proven to be blown out of proportion, along with obvious lies in statements regarding the police and evidence. I just need to be able to convince someone who doesn't know that this is the case.
  10. I realise I didn't answer all of Atlas' questions. Sorry about that. -THe incident that happened in Nov 2010 with the hat, it was acknowedged that the temperature was 13C (I was able to measure this using equipment at the club). This was eventually covered in the grievance appeal for that incident as they mentioned new risk assessments in case the temperature drop happened again. However I did not see evidence of this, remarkably enough the appeal letter was dated 29/01/11. The date I was escorted out by the police for not removing a top? 29/01/11. The incident that happened in Jan 2011 I was unable to measure the temperature as since the Nov 2010 all the thermometers had gone missing. They have stated that they measured the temperature that day and that it was 16-18C, yet I believe this is a flat out lie. I know that my opinion doesn't count for much, but there is also the gov guidelines on thermal discomfort, which list reasons for needing further risk assessments. Many of these reasons (just 2 is enough to warrant further assessment) include if there is cold air being blown onto staff, seasonal variance of temperature and quite importantly, staff complaining of thermal discomfort. The ONLY time a remedy was even slightly appraoched was the Nov 2010 incident, when by the time I was already being kicked out, they had told a different member of staff to put a coat in the gym and then say to me "I've brought your coat", to which I had no idea what he was talking about. I think they hung the coat up on a door. They have also tried to say that they 'issued' me with a fleece, when in actual fact the fleece I wore was part of the old uniform which I kept hold of and then wore when cold, as the new uniform does not have any warm layers. At no point have they officailly tackled the problem, other than to single me out and punish me for doing what everyone in the whole department is doing.
  11. I'll answer best I can -the grievance from july 2010 was dismissed, no action or remedy. The grievance from nov 2010, no action or remedy. I appealed that, the result from that listed courses of actions like uniform review, additional risk assessments etc all while dismissing my grievance. -the clothing I wore had some random brand names on, nothing offensive. -I didn't leave because they were docking my pay if I left. The police were threatened to be called almost immeadiately. -I'm not sure what to say about not being an amateur, I've done alot of reading! In hindsight I shouldve called EH, but I did not know this at the time. -I know staff won't help, but I have lots of client witnesses. -The reason for the ac is it is a gym.
  12. I was summarily dismissed for wearing a non-uniform layer over my normal uniform in winter. Beware the uniform policy!
  13. Thanks for the responses everyone. I've got another legal company that is looking at it now, but I have to wait for the appeal process to finish. And as all good and honourable employers do, this will be delayed for the longest possible time. I calculate that I will have approximately 2 weeks to get the ET1 form in if I want to get solicitors to help. I'm still going to get the CAB's help too, and anyone else who offers, but I am determined to win this case and must do everything I can to max my chances. Just the fact that they have not only cost me my job and clients, but they have also tried to damage my reputation in such a nasty way means I cannot walk away.
  14. Yeah I've got an appoinment with their employment expert in May. I'm just trying to get as much help as possible. If I submit my ET1 form on my own, would that hinder me if I required a lawyer later on?
  15. I have gone through one of the websites from here to contact a lawyer, they are now talking about helping me make a claim. Thing is, it's alot of money to pay. Just the ET1 form costs £800 + vat. I am not experienced in such matters, is it possible still to get no win no fee? If I do pay for a lawyer that also acculates costs per hour is there a way I can claim the money back if I win? Because my job was relatively low pay a basic award would not be massive (I don't think, I'm not sure) but because they have slandered my name it directly relates to my business, so I feel that I must fight it. I work with children, parents, teachers, you name it. Something like this is career ending. Any help is really appreciated.
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