Hi guys:whoo: If anyone interested a quick update. I heard back today from the Employment Tribunal where I requested a reveiw for missing the hearing and it was granted. (Oh thank you god) I am over the moon with joy. I have a question, does anyone know how I can introduce new evidence. I raised a new grievance with my employer over a month ago and would like to include it in my current Hearing at the Tribubnal. Im not sure if this is possible. I realised to late to request this when I was requesting the review of the hearing. Any advice will be much appreciated:-D

Hi Guys I need to advise. Im so upset. I have been studying like a lunatic for months for my tribunal case, not been sleeping. Stressed to the max. So today was my tribunal case. I woke up this morning about 5.15am went through all 6 of my bundles once again to make sure everything was correct and in order. Rang the tribunal office to check how many judges would be hearing my case and was told only one. I went to the tribunal, sat outside for 45 minutes to save on the parking until my case was nearly due. When I got inside and told them who I am. I was told my case was heard this morning at 10am and dismissed. I wanted to cry. I had prepared for everything possible I thought. I cant believe I got the time wrong. I thought it was 2.15pm. Ive been going to the tribunal for over a month to observe, I was there yesterday all day observing the cases and now when its my case I missed it. I emailed them begging them to reconsider a re-listing but I dont know what the chances are because I never researched this. You just couldnt make it up if you wanted to its that ridiculous and crazy. Im sooooooo mad at myself. Does anyone know the correct procedure. My head is absolutely battered right now. Thanks guys

They have included a 5.2 GROUNDS OF RESISTANCE which I will have to upload

:oops:sorry steampowered. I see now how it comes across as confusing. I will upload once I have blacked out personal details. That was the response from my Employers solicitors I pressume its a ET3 that they respond to Im not sure. I filled out the ET1 form and it said NOTICE OF CLAIM NOTICE OF HEARING DATE...... The Claim The Employment Tribunal has accepted a claim against the above respondent. It has been give the above Case Number, which should be quoted in any communications relating to this case. A copy of the claim is enclosed for the respondent The Response To submit a response, a prescribed form must be used. Alternatively you may respon on line at www.justice.gov.uk/trinals/employment/claims/responding ______________________________________________________________________________________________________________________________ Then I received a letter from the Employment Trinals saying ACKNOWLEDGEMENT OF RESPONSE Employment Tribunals Rules of Procedure 2004. The response has been accepted and the case has been referred to an Employment Judge. Any request or applications made in the respnse will be considered and you will be notified of a decision in due course, If applicable. If you have not already been informed of the hearing date I will be writing to you shortly If the claim proceeds to hearing a copy of the booklet @The Hearing' which explains what happens at Tribunal hearings' can be found on our website at www.justice.giv.uk/tribunals/emplyment/claims/booklets My impression is my employers solicitor is trying to say that it was not a unlawful deduction but an overpaymet error. Yes the solicitor sent me a draft of what they want to put in the bundle and I personally dont think most of it needs to be included. Hope this is a bit clearer.

:-)Hello Friends After returning to work and after continuously for over a week requesting they implement changes to my computer and explaining step by step how the email system works because every suggestion they made I pointed out would not work and was inadequate blah blah dont want to bore use again. Now the emails are no longer a part of the disciplinary it appears its just the £1.66 for the franking machine. I submitted my expenses when I went back to work showing that the franking machine cost was deducted out of money that was owed to me. So I guess when I go to the meeting I will find out why they think this required a investigation as everybody uses they franking machine to post they sometimes pay me for it and I put it in the tin, including my boss. Tribunal Procedure I received a acknowledgement of response Employment Tribunal from my employers solicitor. I have been reading up non stop on Tribunals just to try and get some knowlege of how it works. I am going in to the ET watch cases to familiarise myself as I am terrified because I have read some previous posts on here and they scared the $%^* out of me because some of the cases were apparently very straight forward but they came across some awful judges. I read that I dont have to accept what the solicitor has put in the bundle. They state that: It is submitted that should the Tribunal find the Claimant suffered an unlawful deduction of wages any such claim would fall outside the Tribunals jurisdiction and should therefore be dismissed in its enirety They have included stuff in there which I dont feel is needed as it is repetative, also they have put down what my part time admin asst salary and comparing it to mine. She works 4 mornings 16 hours a week and I do 5 afternoons 22.5hrs a week and does not do the duties I do. Do I have to accept this. They say in the summer the office was on a 4 day week basically to save a bit of money. I was never given that option to work 4 days a week and was never told about it I found out towards the end of the summer when I had to get one of guys timesheet for the secretary in head office I thought they were on annual leave that day because there was never a day when they were off on the same day. They got paid for the days they worked what has this got to do with my case why is it relevant is my question. (once again I might not be thinking clearly I apologise in advanace if thats the case). Do I have to include my employment contract (this may seem like a stupid question as they solicitor is depending on this) its just that the payrise letters dont have anything to do with my contract as it was always adhered to and we never had a problem with what was in the contract. But it does say were suppose to get yearly payrises and bonuses 3 times a year I havent. I dont know if the rest of the staff have. Any advice would be greatly appreciated sorry its all so long again

Hello All Update: I mentioned previously I received a letter from my boss Disciplinary/MisconductInvestigations Meeting which I received while I was signed off work for workrelated stress. Since I receivedthe email which had the attachment letter in it. Somehow the attachment nolonger exists but I had already copied and scanned it to my computer. For someunknown reason I decided to read the letter again the Thursday before Ireturned to work the following week and noticed that I was suspended from workand was to attend the Disciplinary/Misconduct Meeting on whatever date. I immediately emailed my boss the next day informing him that as this was thelast day for my sick note please confirms whether or not I am return to work and confirm a new date for the disciplinary meeting. I did this because the attachment was no longer on the email so I didn’t know if they had decided to not suspend me or to carry on with the suspension as this all happened while I was off sick. He said that he is glad I am feeling better and to come into work the following weekand gave me a date for the meeting. He never once mentioned the suspension. (I know at this point he had received the Employment Tribunal letter) When I returned to work I was expecting the emails between him and his solicitor to beremoved but no they were not and there were more correspondence. I emailed him with a letter attached In previous correspondence from your solicitor and your confirmation since returning towork it has been made clear that the emails are of an Extreme Importance regarding me to Xxxxxxxxxxx. Please can you immediately arrange for the mailboxes in and out to be removed off my system as this is leaving me open for unjustified allegations to be made against me which I requested yesterday? Maybe the source used for the investigations about mecan be used to do this as they will be IT trained. To clarify Iwill not deal with any emails following your instructions. Anybody can go on to my computer and accidently click on the message or the message above a Privateand Confidential email which would then automatically open the Private andConfidential email which making it appear as I have done it. This could be done innocently not realising the repercussions on me. I was under theimpression that this would have been a top priority for Xxxxxxxxxxx to put into action especially since the level actions and allegations which are being taken towards me. This is very distressing to me as all my actions are currently under a microscope at the moment from Xxxxxxxxxxx. Yours sincerely He replied: (myown words) I must leave all emails except that state project I replied: That is what I am doing fearfully, but I pointed out what happens automatically with emails in my letter. If you have an alternative solution besides what I suggested please put it into action ASAP. As following your instructions below isineffective and will put me at risk of looking like I have opened them deliberately. He replied: (my own words) leave all emails and deal with outgoing only don’t touch Private and Confidential ones I replied: That will not work neither as the samehappens to outgoing mail as I explained and you are aware of this. All week I have been requesting for the Mailboxesto be removed I went into work yesterday and nothing has been done, so I sent another letter because I am so worried, My boss could not do the Disciplinary meeting and not given me an alternative date because he had a headache and was apparently leaving early, but he didn’t leave early when I drove past my work place nearly an hour later he was still in the office his car was in the car park. Today I wrote aletter because he is now on leave for 2 weeks today was his last day before his break and still no date of the meeting. Please can you confirm the date of the Disciplinary/Misconduct Investigation Meeting which Ipresume will address Suspension from work and Formal Warning made to me in yourletter sent to me as an attachment on the xxxxx 2013. I am finding it very distressing as it is hanging over my head and the fact that the Mailboxeshave not been removed from my computer which I requested upon my return to work. For clarity can you reply as to whether you are pursing the above actionsor not pursing them? He said Yes and gave me a date but no time. It does not appear to matter that other people in the office have read the private and confidential emails, I checked and they have been read by other staff members while I was on sick leave. I feel like I am being victimised because it’s only me that this is happening to. Nobody else has been told to leave the Private and Confidential emails or investigated for this. I checked this too. It all stems because I won’t lay down and shut up regarding the Unlawful Deductions of wages and told him I seen his solicitors emails which he knew. How can I be up for a Disciplinary but no one else is, maybe I am wrong. In relation to using the franking machine to reply to his solicitor. I was owed money for travel expenses there was not enough in petty cash so I filled out a slip saying £1.66 to be deducted from what was owed to me for using the franking machine. Any advice and points of view would be appreciated whether you agree or not maybe Im not thinking clearly

HI guys quick update just to let you know that I received a letter from ET and they have accepted I have a case which is set for May 2013. I am currently off work with work related stress for the past 3 weeks I return next week, I was sat at my desk and just broke down crying uncontrollably, I didnt know what was going on, this is definately not like me, but I think the pressure of it all just took its toll. While being off work I received a letter from work regarding Misconduct Investigations for replying to their solicitor letter that they had sent me. For using the franking machine £1.66. They said this was personal use. In my thinking the solicitor isnt my friend and wasnt writing to say hi, its about my unlawful deductions/grievance . Also because I referred to the solicitors letter in my letter to my boss. A meeting will take place when I return. It also had a bit about me accepting the unlawful deductions settled. I emailed my boss telling him I do not accept and he is incorrect and that I am very troubled to be receiving letters while I have been medically signed off for work related stress and these letters and emails are elevating my stress levels. I will wait to see what happens when I go back to work next week and let you know whats happening.

I agree totally thanks emmizzi. I told him the same thing but was not 100% sure, I was trying to contact law advice to confirm, but I have you great people advice, thank god.

Thanks honeyBee13 and Emmzzi No he's not put anything in writing because he feels like he will be causing trouble. Can a company only pay you for 2 weeks work when you have worked 7 weeks. They said he has to work a month in hand 2 days before he was due to be paid. He's not the best at standing up to management:violin:he feels quite intimidated. The company is small and privately owned by them.

Hi guys, thanks steampowered it was just something I was looking into but dont need to anymore as I have lodged the case with the ET. Thanks again though. Hopefully someone can give me some advice on this new question. My daughters boyfriend has been working for a carework company for the last 7 weeks. He has not been paid anything, none of them have employment contracts. He is bank staff which means they go in as and when they are needed I think. After working the first 2 weeks he was expecting to be paid then his boss told him no he will get paid the end of the following month. He was not happy as this had never been discussed anyway he continued to go to work. He was due to be 28 feb 2013, but was not. He asked his boss whats going on they said payroll didnt have him down and he would only be getting paid for 2 weeks work not 7 weeks saying he has to work a month in hand but remember none of this has ever been discussed previously plus they have no contract. All the other staff have been paid but he hasnt. Can anyone advise me if they can do this, I am almost positive they can not. He was brought into the job by a friend and feels he cant raise too much of a issue because it may look bad on his friend that referred him. Sorry no one works for free when they are expected to be paid in my opinon. Sorry for the rant I dont like anyone being taken advantage of, I think the company is making it up as it goes along.

:-)HI guys Just had a thought does anyone know anything about on how to file a commercial lien in court against a employer?

Just filling it in now:-)

Hi steampowered/All In the letter they sent me yesterday the only thing say is that it has been explained to me how the overpayment error occured and it was not a deduction and I accepted it. Then they say they are not going to recoup any money but if I wanted to make an offer they would be prepared to discuss it. Everything else has not been ignored they are not acknowledging any part of it. Which I take as they have no intention of returning my money or put my salary back to what it was. Iv tried the tread softly with them previously but they are just taking the mick now.

They have no intention of resolving it, they just want me to shut up about it and accept it. My boss said they have sent me a letter and the balls in my court on how I want to proceed.

HI Steampowered when I was writing the letter I was rather angry and upset. I couldnt hold back even though I knew I should. In the cold light of day and now that I have calmed down. I agree with your advice. The reason I put in the quotes from solicitor is because if I have to take them to court I want there to be a reference to it as my boss will definately not make any reference to the discussion. He totally ignored everything I put in my previous letter with regards to his admission etc. Thanks again always appreciated