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Mariachida

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Everything posted by Mariachida

  1. news of the day the tribunal has accepted to postponned the mediation the company refused unless the hearing in february is aslo posponned. meanwhile the company has contacted ACAS and proposed 5000 pounds as settlement that will cover the legal costs i already spent I will ask at least six months salary and in the schedule of loss i asked a year plus injury of feelings....the answer of the company was that i will obtain a max of 12 months plus some money around 30000pounds so I might ask 20 and accept 15 will see
  2. Hello I finally received the counter schedule ( i am unemployed since a year so 12 months salary nothing for injury of feelings etc), they are proposing nothing .... They are saying that if I win, this is the amount they think I might get. Their Expectation is thatI will be commercially sensible, which means that I will negotiate knowing that I may not win at all...it is a big company in UK...so they can be arrogant... they wanted me to attend the mediation by phone...I decline it as I am working will see what will happen...lost battle maybe
  3. a fair question...only for you I really thought that it was an unfair dismissal and as a French i thought I have a case etc...in France it is quite different..my mistake, it is not so complicated and far less expensive ( legal costs) employees are better protected, UK it is the opposite companies are "protected"
  4. Thank you I was wrongfully waiting for the counter schedule...to propose a figure I doubt they will propose any money... they put ET3 and then they criticised so much my scott schedule.. now i am waiting for their view on the schedule of loss since august.. will see regards
  5. thank you i just started to work, i would need to take two days off to be at the tribunal on friday. I am in France not in UK, and would need someone for my daughter... plus to prepare the mediation..with so much documents etc... it is too much for me... too much stress now the risk is that the company asks me for legal costs...wouahhaah this is so different here i will see with my solicitor tomorrow> I am still waiting for their counter schedule...sthey have told us they will send it...last Thursday... it is a big company in uk ..it is was crazy to fight them thank you regards
  6. dear all I am now not living in uk it has been a year since i was fired It is time for the mediation but i don t want to go i spent already too much money my sollicitor is not really convinced that i will win some money i received no anwer after the schedule of loss...staill wating for the counter schedule and the mediation is on friday!! this friday i thought i could just stop the process but my sollicitor told me that I must go i just founf a job two weeks ago, difficult for me to take two days off... and i am tired of this story so much money and stress what are my options? do i need to go what are the risks for me if not ( losing the case is not a risk but bad as i spent so much time and money for ET1 CMD and scott schedule) , do I risk a fine from the tribunal can I ask to posponne it...or habe a note from my gp saying that i canno t travel..which could be the only excuse accepted... thank you
  7. Thank you I already prepared the schedule of loss..will see keep you udpated
  8. hello the respondent has accepted the judicial mediation...i am surprised... thanks need to prepare this.. regards
  9. Hopefully they will accept a judicial mediation...and a settlement will see what will happen...we have propose a judicial mediation today..
  10. i wish it is possible ..it is one of the biggest company in UK...anyway they were convinced that the case had no chance to go the the tribunal..so... my solicitor seems to think about the judicial mediation as the best choice..so will propose it and see what the respondent says.. do you think that we can contact directly the respondent...and to save some money and time, try to agree on a certain amount of money...or do we need to have this judicial mediation at the tribunal ( a day I think).. thnks
  11. indeed I can represent myself...is it advisable... .
  12. Hello I have some news: I realised that it is crasy ( costly) to fight a big company anyway after the ET1, the scott schedule and the CMD hearing, there will be the hearing at the tribunal for unfair dismissal and victimisation. I have withdrawn protected disclosure following the advise of my sollicitor. Tribunal hearing in feb 2014, respondent has 5 witnesses. the respondent proposes 7days hearing (we have a lot of documents to read :emails reports grievance, grievance appeals dismissal appeal etc..!! for me now the best is to propose a judicial mediation otherwise I cannot afford so long procedure...and too coslty what are my expectations in such situation? the solicitor is expensive for me not for the company has they have in house solicitor...i though that they would have propose an agreement...to avoid waste of time and money...;-((( they were convinced also that this case won t go to the tribunal.. regards M
  13. Hello I have some news: I realised that it is crasy ( costly) to fight a big company anyway after the ET1, the scott schedule and the CMD hearing, they will be hearing at the tribunal for unfair dismissal and victimisation. I have withdrawn protected disclosure following the advise of my sollicitor. the respondent proposes 7days hearing (we have a lot of documents to read :emails reports grievance, grievance appeals dismissal appeal etc..!! for me now the best is the judicial mediation otherwise I cannot afford so long procedure...
  14. Hello it took me time to write the Scott schedule I detailed it a bit too much according to my solicitor but it was acceptable and clear about what I claim. Some claims are weak ( protected disclosure) some will depend on the judge opinion I assume ( victimisation and unfair dismissal). Now the respondent came back saying it is unclear difficult to understand and asks us to pospone the CMD hearing...which was already rescheduled 2 months ago as the judge requested this scott schedule. My solicitor found the document clear...it is not well written as English is not my mother tongue and the scott schedule is "specific" way of communication I dont want to pospone this cmd hearing as I am sick of this situation...and it is costly.. now It is clear that Tribunal are different from a country to another one...In my country it is os different...I started to think that i should have informed competent authorities about the lack of compliance of our imported products...informing the top manager was useless...[my manager made mistakes when interpretating regulatory text..and gave wrong recommendations, I sent in my grievance report some prooves: their answer in the grievance outcome: indeed, but he progressed...When How, i don t know!!] ...at the end the manager corresponds to their standards not me...lost battle!!
  15. i misunderstood the judge...he was talking abot scott schedule....
  16. hello i had the CMD, but the judge wants more clarity about my claims as some of them are overlapping each other ( unfair dismissal, viticimisation, blowwistle) ..he needs a "schedule of scope"..detailed table about incidents, date, people involved and legal issue...So everything is postponed until i have prepared this doc and the respondent has reviewed it ...aarghh
  17. Hello I want to list my reports as my boss said that they ( reports and my work) were below company standards therefore..i should be dismissed. I have wrote a report when i joined the company...i don t think my style is worse after 5 years in the company..then when I arrived. anyway... ok maybe i am not that clear about what means wistle blowing..( it is written in one of my reports that the products imported are not compliant to regulation...and none of my managers moved....and colleagues said that due to the lack of resources the key points were cost and delivery...could you imagine if this company is controlled and it appears that they didn't really try do comply, this company is seen as one of the best by tradint standards...but if controlled by another relevant competent authorities they could receive a big fine plus bad advert , maybe not). the grievance and the grievance appeal, the dismissal appeal...emails to HR, minutes meeting and agendas ...will be listed...i never thought about specific pages..I have tried to summarise the main facts in the ET1 it is a lot of work...as I need first to understand what is required, and then have to select the most important.. and write it properly!! it is not so easy this long battle... thanks
  18. hello thank you very much. I put in the ET1 : unfair dismissal, discrimination, and other . I might mix things as it is quiteemotionnal...and the judge wants facts proof etc.. i tick the box blowistle. anyway in the bundle of documents: i will list the grievance docs, letters to HR complaining about my boss and my work situation what do you think about the director advising me to leave the group? or my manager sending me kindly job advert form other company? if i start to add the job description I apply to, together with the reports I wrote, commented my manager assessment, the grievance appeal , hearing etc...minutes etc. I have hundreds of pages...close to thousand.. i have some time to complete the CMD "questionnaire" which is complex for me...questions will arise during this process thank you ( now my daughter is after so...) nice day regards
  19. I don t want to hide something to my former employer, i think it is strange to send to them list of documents, etc..what i hide was that i moved country.... this is fine I will detail what i claim in the schedule of loss ( loss of earning less what i received as JSA in UK and in my country) I received my JSA two weeks after being dismissed...as they paid me my 3 months notice i thought i would received JSA only at the end of the 3 months. so i did not go directly to jobcenter. I lost my job 5 months ago!! mitigation of loss: I have applied to job offers...but not yet succesfull I kept a record on all my applications, answers, emails for phone interviews - This is the recession and I am quite senior with a young girl. when you move you need to find a nursery etc...not so easy too. for the time being i receive nothing as it is taking time to settle from one country to another one, the paper work is a nightmare. . I received a job offer ( only one) but the job requires a lot of travel ( over 60%) all over the world. it is hard choice for me as my daughter is quite young. if i moved it is also to find support from my family I felt a bit destroyed after a year of war. personal injury: i have been off sick for stress a number of time. I had health issues after given birth ( serious health issue so the stress did not help) I have a medical assessment from the GP of the company who advise me to find support...rapidly holidays: I am a foreginer with a young child, i was not allowed to take holidays...as i needed to finish a report . my manager went on holidays just after he read the report, if it was that urgent i would assume...i would have taken actions following the recommendations in my report. i read it and stated that it was so bad that i shoudl be dismissed. I wrote a report when i joined the company...it was my first test...i will use the reports and my comments in the bundle. my manager has made a lot of mistakes on how to interpret regulation...in the grievance outcome they ve said that indeed he made mistakes but he had progressed...impressive!! this manager joined the company top cover my maternity leave, he was not fully expert in all regulations i covered...i might be the only one to know and his manager ( my former manager) who helped him to progress rapidly!! I complained against the both..one has left in February after being demoted which pleased me. the new director of the team advised me to leave the group...in our first and only face to face meeting. since i am back from maternity leave i have been exlcuded from meetings discussions and not allowed to go to some workshops I use to go.. I was not allowed to work from home as i used to. before I left on maternity leave i also complain to hr about my manager. ..so not really surprised of what happen when i came back... my managers did not support me when some team leaders refused to follow my recommendations...and a year after i escalated this to higher management...telling them that produts were not complaint to regulation..etc..mistakes of my boss etc.. they fired me but they might have also problems due to my grievance report ...my colleagues use to say it was a lots battle and a grievance was the end of a career..contacting high level management was even worse...this is true but...i bothered them a bit as important top vp of the company was in charge with the grievance appeal...
  20. hello thank you I started to complete the schedule of loss. Do I send it to the tribunal only or also to my former employer? i moved back to my country as I was so depressed and needed support ( even the OHES doctor from my former company advised me to find support when he saw how bad I was) , therefore I receive no JSA for the time being..I closed all my admin papers in UK. do i need to inform the tribunal...? I fear that my former employer will take advantage of it... do i need to explain how i calculate compensation e.g.18000 for personal injury ( stress work related - see off sick note, note from the GP etc) Do I ask my doctor to come as a witness? or my family? i was not allowed to visit my family even i felt really bad and i wanted my daughter to see the family during the summer...it was refused. is that part of personal injury? or injury of feelings?, or just discrimination as everybody can go on holidays..but me!! everybody can work from home but me... thank you
  21. hello another question, six months before being dismissed, I asked HR for a solution as the abd situation at work was impacting dramatically my health and well being. HR proposed me to leave. as i refused the comprise agreement I had to pay the solicitor. I was back to work knowing that they will find a way to get rid of me sooner than later. the grievance ( hundred pages ) bought me some months within the company as they needed to investigate the case... is this fact important for the tribunal? or can I claim fees for the solicitor, I had to pay the solicitor before returning back to work. I worked home but it was as if I was not part of the company as noone was answering my emails even my boss. But when i was back to work he asked me why i did not progress on my objectives!! no shame!! before i was formerly dismissed I was not invited in meetings!! anyway..since i was back from maternity leave i felt excluded and complained about it...is that part of discrimination in my claim?
  22. Hello I have a question: do I need to send the documents to the respondent too? or just the list I refer to? Do I need to send the schedule of loss directly to the respondent or the tribunal will forward it? In the remedy: is it enought to write: compensation If nothing is yet agreed between parties ( documents, witness etc) is that acceptable? i dont see myself communicating with my former employee!! it is asked if party requires further guidance on any matter ?? yes I do, what kind of guidance they could provide? they ask if we need adjustment? what that means? i am calculating the loss of earning, if I understand weel there is a weekly pay cap ( 400), if i win more per week, i should calculate the basic award with number of year worked *400, not my real weekly salary i did not find a job yet, i doubt i will find one rapidly, should i ask for 12 months or more i am not that young with a young child. and single, so not easy to find a job in my area with my expertise. I decided to move back to my country to find some support. so for the time being i am unemployed, no benefit and struggling to find a nursery, and sorting my admin papers. If i live abroad what could happen with the tribunal? I did not mention yet that I moved abroad as i thought that my former company will take advantage of it... thank you thank you
  23. thanks you I found out waht was JSA or the Vento guideline... it is so complicated...
  24. Hello Thank you very much many words ( never heard about statuary formula or JSA), i did not understand clearly but will look for information ( don t forget it is technical jargon and i m a foreigner) : I don t have a solicitor yet, knowing the fees I have indeed contacted one, requested advises, but it was for the ET1. now as i tought the company might have proposed a settlement...I am preparng the CMD as much as I can so that if I need again the solicitor I would be more prepare. If the solicitor takes one hour to explain me just what is a CMD etc..then an hour to clarify some points etc...as I have no job yet..i m single with a young child .I am saving the money. truly i wanted to close this chapter of my life as i really had bad time...but i have to fight...to get back to sleep peacefully...
  25. hello thank you It worked for a big big company, well known which has probably a legal team and maybe in house solicitor I tought they would propose me settlement before the CMD...which is next week...they have tried nothing since they received the ET1. For me ( I might be wrong) they would have prefer to avoid CMD hearing...or they really don t care about money for their solicitor. They know that the fees for my solicitor could be a problem for me... how much i can ask is crucial, it has to be realistic...as I am a foreigner , in my country we would have a different approach...company try to avoid cases at the employment tribunal. i think i had a terrible year which finished by dismissal ( me leaving to site with a security guards in front of colleagues what an humiliation). and really bad impact on my health. my claims are: unfair dismissal, discrimination and health issues due to work situation, tick the box blowwistle (I wrote in my reports that products were not fully complaint to relevant regulations, some teams refusing to change their process due to the lack of resources etc.. and having no support form my managers, so i escalate the problem,to the higher hierarchy... For colleagues to do so meant the end of my career ...) I will use thes reports in my CMD docs/bundles. I think already putting a grievance was the end of my career....some colleagues refused to come with me to the grievance hearing as witness..to risky!! i would ask the maximum: maybe a year of salary, plus what I lost when i was off sick for stress. and what they took from my salary when they dismissed me maybe it is unrealistic...maybe not... if the case can become public then it could be bad advert and competent autorities could be interest to check compliance...which could cost them a lot!! .otherwise I don t think the fee for a solicitor is a problem for them by the way, one of my manager has left the company but before he has been demoted ( just before I was fired)...which could explain why he left... this makes me happy a bit!! he was promoted then demoted within a year!! now the company has no real experts on specific regulations...
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