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gorbat

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Everything posted by gorbat

  1. Sorry for not replying earlier, just saw your message. Full merit hearing is postponed. I have mediation now. Yes, I made SAR, they responded, lot of information is missing. also I suspect they falsified some documents.-modified them now to adduce the case against me. they redacted(blacked out) lot of text . they used exemptions - legal privilege - with HR services -in my view it is not reason for exemption , and negotiations ? - this is unclear to me , are acas and judicial mediations - the negotiations under the term of DPA for SAR exemption? or dp
  2. Yes, Judge ordered Impact Statement, and postponed main hearing until next year. Disability will be decided at main. I not only have GP letter, but also independent expert statement , also about my day to day activities. Respondent did not say too much in witness statements. Their defence is that they acted reasonable, and procedure was fair. Please explain 'technical knock out' and 'scale through' ? Next week there will be telephone conference with Judge whether to offer judicial mediation. Is this important ? Or is it like with ACAS negotiations?
  3. Tomorrow was the hearing 10 am. However, I 've got email from tribunal now , 15.12 that case os not ready for the hearing and tomorrow will be a preliminary to decide on my disability . I handed gp letter on the first ! disciplinary , ( final warning) , nothing was done, not even mentioned, neither on the final warning nor in the dismissal. I claimed disability adjustments. They denied it . Asked for independent expert to give a statement. Expert indeed confirmed that I am disable as to act. I received the statement through bundle. Never sent to me as independent review. Never pointed to a
  4. Update: We exchanged witness statements. One of respondent's witness is the main person who heard my appeal. It witness statement , in my view is absolutely inadmissible. Comments, opinions, arguments, reference to evidences of other witness . referring to what I said ( of course wrongly ) but not giving any evidence ( no notes of the hearing in the bundle) , and not referring to any evidence in the bundle. I read that should point to judge to exclude such witness statement as evidence, can I ? It would be waste of time to cross examine the person. The person gave its decision, and n
  5. I want to refer to a statement of alleged victim they have not included in the bundle, but of which I was accused, for reason that 'victim' did not give a consent for that to be given to me/ notes to be released to me. I also want to refer to another process that would show that my disciplinary process was flowed. Namely, they engaged another, independent person to chair a grievance ( not even disciplinary ) , whilst my disciplinaries were started chaired, investigated and decided by one person. I also want information that another coworker's mental disability is taken into account
  6. I am writing SAR, found template on https://www.workingfamilies.org.uk/articles/2686/ . It says at the end 'within one month' which is later than my hearing. Can I write until the hearing? Give them 10 days?
  7. @ Dondana . Thank you very much. They sent me finally agreed bundle pdf. I have to exchange witness statements soon. I have one witness. I want to ask, can I refer to points made in witness statement of mine, even if it still is not in the bundle?
  8. Update: Respondent's solicitor is playing unethically . Witness statements are to be sent by 1 November 2018 . However, they still temper with the hearing bundle. So, i don't have the final hearing bundle and can not , in my witness statement, refer to any page or document from the bundle. I requested omitted pages to be added, some to be replaced as it is illegible. What they did, is to make new bundle which have only asking documents ( not all ) and they omitted now allllllll my evidence, put just their. It is so unfair and stress me out. I emailed them now that if they don't send
  9. https://docs.google.com/viewer?docex=1&url=http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf I googled it
  10. No, I didn't . Thank you for the link, however it has no preview, text.
  11. Thank you. I need Respondent to disclose proceedings of the similar case to prove inconsistency of my treatment. However, as they can say it is confidential information, how can I do that? I already asked them to disclose that information but they did not reply.
  12. Thank you. Yes, I meant Directions , not the order, sorry. Judge said that I will get in writings directions he made, however I still haven't, so I didn't took notes at the PH.
  13. No, at the Preliminary hearing judge went through my claim and these points will be discussed at the main hearing. I am asking should I get court orders made at the Preliminary?
  14. Update on case: Judge made orders for Automatic dismissal in accordance with s 100 ERA ( whistleblowing - health and safety) Unfair dismissal s 98 ERA Direct Disability discrimination ( resp. saying to 'victim' that I have problems. - alluding to mental problems. Discrimination arising from disability s 15 EqA ( not taking medical record for dismissal) Not making adjustments s 20 EqA However, It is more then a month and I did not receive written copy of the order; is that usual?
  15. Thank you for reply and suggestions. I did complain to employer and quoted health and safety regulations. ( whistleblowing?) But you gave me the right Act. Thank you. However, I do not know may I point another procedure (grievance hearing) in the company and compare it to mine (disciplinary hearing), to show inconsistency and inequality. Would it be whistle blowing or breach of confidentiality by another employee who told me about inequality?
  16. June to September 2017: Victimization that led to my dismissal - age discrimination as to breach of health and safety rules . ( statutory) . Not allowing an air conditioner at all to be open during summer 2017. Yes it was 30 degrees in the office most of the time. I complained . Not giving me opportunity to appeal against his decision. From October 2017 : Disability discrimination - not taking into account my chronic depression and anxiety while dismissing me and giving me final warning; also not taking reasonable adjustments as to my disability. ( Dr letter - not only had not been
  17. I am sorry I wrote twice but your site just went blank when I submit it .
  18. I just want to ask , because their et3 is 4 months late - from my et1, can I request tribunal for default judgement As et3 claim was not submitted within time?
  19. I was dismissed, now at Tribunal. I have preliminary end of July. My disciplinary was held differently than a grievance by my colleague. My disciplinary hearings and the procedures were hasty, only one person investigated, decided, led hearings ( it was 2 - final warning and dismissal). Contrary , the procedure for the grievance of my colleague was led, investigated by independent member of the company. However, because of duty of confidentiality my colleague is bound- i.e. not to talk about her grievance and process, can I point on that inconsistency not to harm employment chanc
  20. No. as for et3 i sent email request , and et sent mer et3 response immediately. So, tank you again for suggestion.
  21. I have to prove inconsistency of my treatment by employer regarding procedural rules. Namely how they conducted my disciplinary proceedings compared to how they conducted grievance by my colleague. My disciplinary was led, decided and executed by one person. However, the grievance by my colleague against the alleged victim of my dismissal, was led by independent board person. Notwithstanding that my grievance against victim was not taken into account at all. Is my colleague bound by confidentiality about his grievance procedure closely connected with my dismissal, because i do not
  22. Thank you for your reply. Yes, sorry for typing mistake. I meant ET3.
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