gorbat
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Everything posted by gorbat
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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 dpa relates to settlements during employment?
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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?
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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 as the expert statement. Now, some judge sent me email to come tomorrow , instead to hearing to another preliminary hearing! to decide on my disability !!!!!! Please tell me is this normal , as I don't see it normal. And if it is normal , tell me why it is normal. Judge hired 3 ! hours
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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 now in the witness statement is 'explaining' the decision , which already was given. Not even giving reference to that decision. As for the expert witness report regarding my disability, Respondent enquired , it is confirming my point, that i have had been mentally challenged at the time of disciplinary.
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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 for giving a lesser action/ sanction.
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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?
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@ 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?
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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 me final bundle I will prepare supplementary bundle pages. Please tell me what claimants do in this cases , when respondent obviously omit and not taking claimant's evidence in the bundle? Another question: You told me to make subject access request , which I will definitely after witness statement's exchange , seeing how unethically they behave. I am asking who from i have to request that ? From Respondent's solicitor or from Respondent ( company ) directly ? Thank you .
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https://docs.google.com/viewer?docex=1&url=http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf I googled it
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No, I didn't . Thank you for the link, however it has no preview, text.
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Internal proceeding related to my case.
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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.
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Thank you for clarifying .
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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.
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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?
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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?
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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?
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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 taken for mitigating ; but not even investigated further) Procedural: gross negligence and inconsistency in my treatment and treatment of another employees. End October 2017: Gross misconduct for bullying - saying 'victim' do not say my name ( deliberately repeatedly calling my name in negative, defamatory manner) - final warning. Victim gave false evidence: I put counter claim and grievance at the hearing ( and later before dismissal hearing , however it was never followed.) End Nov 2017: Gross misconduct for bullying the same 'victim' ; sending email : please do not make private calls from the office, go out of office, if you want to make it private, as we all do, it shows arrogance and disrespect towards me...always doing it when just two of us are in the office. . After reading email 'victim' in irrational, aggressive manner, chanting: do not touch me, do not come close to me, i will call 999 etc. while I stood there frozen, staged false physical attack by me. A part of 'attack' I recorded. People around complained about her, however my director took it as me bullying her. Anyway , it could be an interesting case . I would like a tribunal to make a statement of what the bullying finally is. One act of nuance perceived by employer or ....? You would ask yourself : what is his/her motive? I would say as for him it is to show us/me who is the manager. Especially me , as I , even foreign, even in the lowest position was/am 3x more educated than him (in law for his detriment). As for the 'victim' it is a blatant professional jealousy. I was the best employee . As for me I was seen as a trouble maker. he saw me as a threat to his reign. Of course motive is the hardest to prove. It is for tribunal to decide.
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I am sorry I wrote twice but your site just went blank when I submit it .
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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?
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Yes. And she will be my witness at tribunal.
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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 chances of my colleague?
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No. as for et3 i sent email request , and et sent mer et3 response immediately. So, tank you again for suggestion.
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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 want to harm her prospects if I reveal discrepancy and discrimination. I know it is internal confidentiality but how should i go around it to prove inconsistency. ( can she put inconsistency in her witness statement, or should I leave it to cross examination?) I don't know if I was clear, but the question is can I point to evidence which another employee is bound by confidentiality? I know that whistleblowing must be in public interest, but what about confidential information internal to respondent which proves illegality of my dismissal.
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Thank you for your reply. Yes, sorry for typing mistake. I meant ET3.
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