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dmlferguson

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Everything posted by dmlferguson

  1. Well done and I completely agree about changed attitudes would reduce costs to companies!!
  2. Before anything please make sure you have it in writing that they told your client on 13th Dec that you were already made redundant. Looks like the decision has been made. I suggest you put in a grievance about the process not being followed correctly by informing the client that you had been made redundant when infact you are still employed. Have you received your laptop back? Are you able to continue work?
  3. Its there prefered choice because they intend on managing you out of the business. If you believe you have a case and have the money to hold you over for the next 6-9 months then this may be the best way to go BUT if you can leave with a good reference and a pay out that you are comfortable with...this may be the best route. Perhaps you could discuss the type of figure they plan to offer you before you make any further decisions. Any payout at ET may be increased if they fail to provide you with the information you need to defend your disciplinary.
  4. Did your doctors report suggest you were well enough to return to work?
  5. Always go for the newest version because out of all areas of law, employment moves the fastest! As for the one hour hearing, are you sure this isn't just a CMD???
  6. Hi Sorry but they can class this as a risk assessment. It does depend upon how many employees you have and what was stated during the return to work interview. Less than 5 employees and a risk assessment doesn't have to be in writing. More than 5 and it doesn't have to be in a set form but does have to be written. If you had your return to work interview and said "I still feel like my leg will fall off if I stand at the till all day" and they didn't then adjust your work accordingly, then this interview could never be argued as being a risk assessment. Purely because you sho
  7. And why were you not elligible or why did you not receive this bonus. Was it a bonus or an increase in salary??
  8. Sorry thought she'd said 8% per day. It is rather more than I've ever heard but wouldn't that be nice!
  9. At CMD I was told to keep all records of application etc. So from then on I have everything but before that date its really sketchy. Should I just add what I've got??? Help got to get it in by tomorrow.
  10. I cant say 100% that it is from that date but my guess would be yes. Do remember that it is a comulative interest. So £100 day 1 £108 day 2 etc. Don't be tempted to just add 8% on at the end as you'll do yourself out of a lot of money. Hope you receive what you are owed soon.
  11. Thanks. Should I do it in diary form to include calls etc and then add emails and applications as evidence?
  12. Not sure I can help but I know we'll need to know - How long have you worked their and what profession are you in?? I believe construction is different.
  13. Mitigating evidence - how much information do I have to include?? Calls to agents?? Visits to job centers? Calls to friends/family?? Actual applications? I obviously want to prove I've been looking but only so much of the evidence has been actual application. Anyone got some sort of guide of what is and isn't needed??
  14. Sorry but I don't think that you are there yet. But I don't know enough about your case to confirm that or get you any further on. Have you completed a full chronology for the tribunal? Or anything that demostrates to full extent of the claim?
  15. Thanks Becky that was my plan. For opening statements I've had a mixed response to my research....should I address what I think their defense is or do I just address what my version of the truth is?? As in "I believe that xyz will try to paint a picture of a money hungry ogre but as you can see from the evidence provided this was clearly a case of unfair dismissal" OR "As I will demonstrate throught the evidence provided this was clearly a case of unfair dismissal" THIS IS AN EXAMPLE AND NOT A TERRIBLE EXAMPLE OF AN OPENING STATEMENT!!!
  16. Thats why its so hard to prove discimination....because your boss can do what they want UNTIL its against a protected characteristic. Keep looking at the chronology and you'll get there.
  17. Sorry to hear that. Do post if you need any help now that he has lost her job. There are lots of people on here that have great advice.
  18. Thats an interesting idea. There seems to be little evidence against me within the bundle but a hell of a lot of lies about me within the witness statement, which can not be corrobrated. I feel I should be questioning them on the lies.....is this not the right way to go?? Should I just concentrate on going through the evidence and asking questions on that??
  19. Ok so we're getting close to the big day. I'm working through the witness statements and planning my questioning. There are many many that come to mind immediately from picking at their witness statements BUT I want to avoid looking petty. Anyone got any good tips? Things to avoid, things to make sure I cover??
  20. I can see you were harrassed and you say that they knew you were disabled but you need to be careful. An employer is allowed to harass there employees (not ethical but not illegal) even if they are disabled. They are not however allowed to harass them because they are disabled. If, for instance, you were dealing with a situation and spoke to a manager about it and he said "don't worry about it I'll sort it". Then you told him you were suffering with depression and would like to know the situation had been resolved, to ease your stress. If your employer then said "you deal with it its
  21. That shows that they knew that you were disabled and harrassed you but does not positively link the two. What specifically happened?? That might help with pinning how to prove the harrassment was because you are disabled and not just harrassment of a disabled person.
  22. How/when/where did they confirm they had not conducted a risk assessment?
  23. Thats great info. Can I just check how you plan to prove that NO risk assessment was conducted upon your return? How many employees does your company employ?
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