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.

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.

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

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)

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.

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.

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.

I'm just going through the CAB at the moment, as others have said they are very helpful.

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.

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.

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.

I was summarily dismissed for wearing a non-uniform layer over my normal uniform in winter. Beware the uniform policy!

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.

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?

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.

Oh and I have sent in the appeal letter,but have yet to have the appeal meeting. The person taking the dismissal appeal meeting is the same person who is currently investigating my grievances that I raised due to the whole process being used against me, before I was dismissed. So it's a pretty safe bet that my appeal will be unsuccessful.

I did not act in any heated way whatsoever. I remained calm (and a little taken back) during the whole situation. I did absolutely nothing that would suggest police involvement was needed. I did raise a grievance relating to the uniform and temperature before all of this happened, back in July 2010 because the staff were all complaining about it and had been since I worked there. However, we were always told the same thing, that uniform was as it is. I raised a grievance that included a complaint about the uniform being unsuitable in winter, but the grievance was dismissed in the same way the informal complaints had; the uniform is as it is. I even have an email from another member of staff to a member of management from Sept 2009 complaining of the cold, and his response and head office's response was the same; the uniform is as it is. When I was sent home without pay in November 2010 I did raise a grievance about the temperature, and the treatment I recieved. The grievance was dismissed. I then appealed that, that was dismissed also. However, the appeal letter then went on to say that the uniform policy was being reviewed thanks to my information, and that extra risk assesments were being put in place to prevent this happening again. Which does not make sense, dismissing my grievance but saying 'you have a point'. I don't think it is that difficult to raise the issue of unreasonable temperature in the workplace (at least I hope not), as the gov website has that thermal discomfort checklist which I can tick off quite a few boxes. I've told them this on a number of occasions.

Wow. Really? I would point out that I was not disciplined the first time there was an incident with my wearing extra layers, I was merely sent home without pay. I was the one who raised a grievance over that matter, as no other staff has been treated in this way yet all staff in my department wear extra non-uniform layers in winter. So when I was summarily dismissed it was a 'first offense' as it were, with my employee record being clean at the time. The reason I refused to remove the clothing is because the temperature was extremely cold and uncomfortable, and we (the people in my department) have been complaining on an informal level since I've worked there (over two years) about the ongoing problem. If I were to remove the layers that kept me warm, all that would happen is that I would get even colder. They have demonstrated no attempt at all to resolve the issue for us. Do I not have the right to protect my own health and safety at work? I have refuted that the instructions were reasonable the entire time. Surely the disciplinary procedure is not meant to be used in this way? I thought that dismissal was supposed to be seen, by reasonable people, as a last resort.

Not had any legal feedback from here yet, early days though. Went to the community law centre and spoke to acas today, I'm already doing everything I'm supposed to, just need to get my appeal meeting done. Maybe I'm missing something, but is there a way to get legal people to look at this thread?

Already covered the health and safety angle with them, they are doing their best to ignore it and squirm out from it. I can provide a large amount of witnesses to the temperature and to people wearing extra layers, but the staff themselves are too scared of losing their jobs (like me) to tell the truth, so they lie to keep themselves safe. The witnesses I can provide however are members and not staff, so they can't be sat on. I've got an appointment with the CAB but it's not for weeks yet. I'm also trying to get the community law centre to help, it just seems to be a difficult time of year to get speedy response.

They called the police over a facebook account back in August/September 2010. It slagged off the same general manager that has been causing all the problems. Thing is, she is hated by just about everyone. She has made so many enemies with the way she sacks people and treats people that figuring out who did it would be like a where's wally contest. Funnily enough the company absolutely love her and protect her to the hilt. The police never contacted me over it, and it can't be that hard to trace ips of stuff on facebook, so they (my former employers) just send me a letter trying to threaten me and convince me that the police are coming to get me AND that they are going to take me to court for something I had no control over. But putting in the letter 'This crime has been given the crime reference number 176' is just ridiculous. I have no doubt they called the cops over it, but it is obvious the cops had no interest in pursueing me over it. They then called the police on the 29th Jan 2011 to get me removed from my work, while I was on shift. I asked the police what crime had been commited and why they were there, they responded that they were there to prevent a breach of the peace and to help remove a trespasser. I asked how there would be a breach of peace when I am currently working a rota'd and contracted shift in my place of work, they said that was not what they were told. The manager told them I wasn't getting paid therefore I wasn't on shift and they didn't want me in the building therefore I was trespassing. Part of this whole process against me has been my former employers using the weight of police involvement against me. However, when I heard of an allegation against me about a supposed threat to a young child whilst on the premises of my work, I requested multiple times that they involve the police to investigate. The place I used to work has a creche and claims to be ofsted regulated, yet they refused to involve the police, claiming it was a personal matter for the manager. The manager has put in statements that the police ARE involved and that they are investigating the matter, yet once again I have not been questioned over the matter. I have requested proof of this involvement, like incident numbers, none of this information has been forthcoming. Just to put this into an even more unbalanced light, there was a serious theft from the safe in September 2010 that was into the thousands, about 3 or 4 days later it happened again. As far as I'm aware, the police were not involved. The matter was investigated only internally. The fact that there were two thefts from the safe in a week means that there would be very few suspects, as it was done using keys. From what I understand, only 1 person would have been in the postition to do this. This person happens to be connected to a manager that I witnessed forge health and safety documents whom I reported in August 2010, and THAT manager is in very tight with the general manager. Quite a picture it paints.

It's probably worth adding that all the staff wear extra non uniform layers when it's cold. None of them have been disciplined, let alone sacked. Also, my employment record was clean.

Hello This is my first post here. I was directed here by another member, unfortunately I do not know thier username but if they show up they will be able to support the stuff I'm going to talk about. I was summarily dismissed from employment on the 22nd March 2011 for three counts of gross misconduct. These were; -Failing to obey a reasonable management instruction: breaching uniform policy. -Failing to obey a reasonable management instruction: not leaving my shift halfway through and the building due to the breach of uniform policy. -Allegedly threatening the general manager's 6 year old daughter. I will happily provide the dismissal letter and also my appeal letter (which runs to over 7000 words) to anyone interested, just give me your email. I will try and be as short as possible with this as I can, it's a long winded one. It all started in July 2010, when the new general manager sacked a friend of mine. I wrote a letter of complaint to head office about it as procedure had not been followed, but because my friend had been employed for under 1 year there was nothing legally she could do. Not long after this I was suspended for allegedly letting this same friend into the building (which I didn't) and I was suspended for a whole month. They listed the offence as gross misconduct but instead of getting sacked they gave me a final written warning. Which turned up over 2 months later, after I kept asking them for it, so I could appeal it. They 'lost' my appeal email, sending it to the wrong person, so in feb 2011 the final written warning was removed from my record. In nov 2010 I was wearing extra layers on top of my uniform, as it was VERY cold. The place has an ongoing chronic problem with temperature every summer and winter. Part of the extra clothing was a wooly hat I wore, as there is cold air con being blown directly on to our heads all the time. The same general manager came to me and told me that I must remove the hat or go home and forfeit pay for the rest of the day. I tried to discuss it reasonably until she eventually turned it into 'leave or I will call the police'. I left the shift halfway through and lost the rest of that days pay. I raised a grievance and a grievance appeal to this, all were dismissed. In jan 2011 again the temperature was very cold and so I was wearing extra layers over my uniform, so once again the same general manager told me to remove them or be sent home. This time I stayed, as I did not want to be docked pay and I did not remove the extra layers. I continued to work so she called the police. The police arrived and escorted me out of the building. I was then suspended until mar 2011 when I was sacked. On the same day I was removed from the building, the general manager told staff that I had threatened her daughter. I found out the next day when staff rang me to tell me. The following day I went to the police station to see if I could do anything, but the police seemed to have no idea what I was talking about in terms of the threat. Apparantly there was a witness to this alleged threat, but this witness has given two statements that contradict each other, and the witness cannot remember WHEN the threat was supposed to have happened. When I first heard of the allegation I thought that they were saying I made the threat that day, but apparantly it occured weeks prior. But no-one knows when. I then entered into a very long email debate with the person dealing with my hearing, asking for all sorts of information as many things had been stated including the general manager putting in a statement that the police placed her under police protection 'due to my nature', yet the police have not once contacted me to question me about ANYTHING. Rather, I have gone to them for information. One additional thing that happened was that in sept 2010 I was sent a letter from my regional manager with a threatening tone about legal action that could be taken against me about a facebook page that wasn't mine. It even included information that they had gone to the police and the matter had been given the crime referance number '176', if you can believe that. I'm just wondering how far this will go, as I'm having difficulty getting legal help. I've had one legal firm turn my case down already because my wages were too low for them to bother, and it seems to be the time of year where it is diffcult to get a speedy response. Any questions fire away. Cheers Ali