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Everything posted by lbruk

  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. They will always challenge you on everything - what you need to do is just explain to the judge and they will make up their own mind - dont worry about acas, just leave them alone, think mine went dark for like 3 months, i just got on with writing my statement, preparing witnesses and being awkward with the respondents solicitors by asking for clarification on every point You'll also get the threatening letter about costs, about counter suing - ignore them too!
  4. They do keep working, the respondent will try to settle again later on - mine got to about a week before and 5 times what they originally offered. Its not unusual for witnesses to back out or to do what they have done. remember if you go to the hearing, then you will have a chance to cross-examine them.
  5. The friend isnt going to be dismissed, amazingly enough, as i know how the company works and their letter templates. Thanks for your words of wisdom as always! Unfortunately some people just dont think about what they are doing!
  6. Hi all, someone i know has asked me for advice and i'm not 100% sure where i stand so thought i'd see what you think. This friend has worked for company A for 8 years, good service overall. They sell as part of their range "bananas" but these "bananas" now are kind of out of fashion and no longer contribute a significant amount to the business, in fact they dont even put employees there to sell these "bananas" recently this friend decided to set up his own "banana" shop online, and was doing reasonably well. However company A have found out and accused him of stealing their stock of "bananas" until they provided the employer with invoices to prove their stock was not stolen. Now they have come down with the fact that there is a conflict of interest and are issuing disciplinary proceedings against the employee. Now i was wondering, as there is a conflict of interest, what advice there could be. Also i might point out that in their contract there is a clause that states that they cannot work outside of this employment without their managers permission. Which then strikes me as odd why they have not just disciplined them for breech of contract rather than this conflict of interest. Anything from anyone? I'm not looking for basic advice here! As i know the basics surrounding their employment, more advice on whether they can demand the invoices, whether this is a conflict of interest, if so - what can be defended and what cannot, and any reasons they havent gone down the breech of contract route? thanks
  7. discrimination needs to be of a protected characteristic, ie disability, sex, sexual orientation, etc etc. So you need to compare yourself against someone else that gets better treatment than you.
  8. Dear sir/madam, i refer to the recent dismissal of xxxx. this letter is to appeal against that decision on the following grounds: - i feel that the decision that was made was not a fair decision based on precedent. - plus any other things you want to put in - the shorter the better just explaining the key points of appeal.
  9. You can bring up any new things you want in a CMD, its up to the Judge if they accept them, for instance, i neglected to mention in my ET1 a claim of harassment, the judge accepted that there was enough evidence that this could be decided in the main hearing. So have a think of what PCP applies to you, but to be honest you don't have to prove anything until the main hearing, the CMD is purely what you are claiming, and where it fits in the law. Nothing else. Everything else should be decided at the PHR or the Main Hearing. You don't have to compare yourself to someone else, there is no comparators in Disability Discrimination.
  10. i think that you just need to link that you were harassed BECAUSE of your disability if you can. Having a go at someone whilst they have a known disability can easily be construed as harassment. So i would take a couple of events that happened after they knew of your disability, and take what they said, the way they said it and how you felt after they had said it to you. If you were distressed and upset after these events, then you were harassed.
  11. Yes, its unusual, but there is nothing wrong with it.
  12. yes it can, unless you specifically have it written into the cot3 that you are allowed to take further action.
  13. was there a question that you needed answering?
  14. well harassment is defined as unwanted or unwelcome comments/actions that degrade the recipient, so any action that your manager shouted at you, said nasty things to you or said things to others about you is classed as harassment.
  15. Just look up the equality act and see if your case is supported by it. If it does simply quote the passage to the judge, not the parts of the case that apply to you - so you need to do some homework under the equality act (attached) and the other parts of employment law that support your case. employercode.pdf
  16. you have a right to appeal, and i always believe you should use it. however the appeal needs to be worded in a way that questions the punishment - not the decision. So i would ask for precedents on this type of incident. Past decisions this manager has made in regards to this issue and others, was he an "example" or have they let off other employee for the same type of incident.
  17. Ouch, OK, a few things to sort out here. Firstly, the anti depressants, these were prescribed due to issues at work correct? Did she make the employer aware that she was struggling? was she put under undue pressure compared to someone of equal rank? Sick pay - what is the company policy - word for word, is it guaranteed or manager discretion? Charges to bank - if the company is at fault - then they should be billed for them. The incident in the corridor - was this overheard by people? would they be willing to make a statement regarding what they heard? we'll start basic and move on, best thing you can tell your mum is that they have acted disgracefully, however we need more info to be able to see if they have acted illegally. Lastly, what do you want out of this?
  18. Handing you a copy of the companies disciplinary procedure is a minor point, unless they have not adhered to it. Was he given it during an induction/employee hand book/contract? as that would be enough for him to accept the terms of employment, also he knew it was wrong hence "i didnt ask because i would have heard no as an answer" so any other defence is null and void.
  19. No, you dont have to respond to the questions directly at the moment, i would look to answer the questions in your own mind, but simply say at the CMD that you have enough evidence to support claim xx and yy because of xx event, you dont want to give the respondent to much information before the actual tribunal at the moment, your statement will explain all. I am assuming that you have enough evidence/explanation on the questions above. Basically what they have done is simply question what you have put in the ET1 or further communication, which is completely understandable as they wont admit liability! The CMD is simply to work out what your claim is and where it stands under the current law, nothing else, no evidence needs to be submitted, just reference to the law is enough.
  20. If you take what the business has said, breach of trust, removing company property etc etc then there really is not anything to appeal against. Although you (and I) may feel that they have acted harshly, they havent done anything that can be construed as against the law. Your son took the property without permission, even though he intended to return it - it is still classed as theft. You can appeal on the fact that you feel the punishment was harsh and they didn't take into account his worth as an employee, but not on the facts of what he has done in my opinion. If the company have set a precedent in dismissing him (or anyone before him) then in the interest in remaining consistent the decision was correct.
  21. Although Emmzzi has somewhat of a point, certain phobia's are classed as disabilities and therefore a reasonable adjustment could be to simply turn your desk around (if appropriate) I wouldn't "laugh you out of the office" if you came to me with your problem. That is such a ridiculous way to deal with people, and very unhelpful. If you have a history of depression, then potentially your phobia could lead you to another bout if it that bad. Check this list http://www.disabled-world.com/definitions/phobias.php i have no idea of the correctness of this source, but it might give you a starting position. Where i do agree is that you should see a therapist about your phobia, it would more than likely help you a lot.
  22. there is nothing wrong with varying the contract before it is signed, between the time when the advert was placed and your interview they may have hired someone else. Or they reviewed the position and needed extra cover for those weeks.
  23. To be honest i wouldn't call it discrimination, you basically didn't fit the role of the employee they wanted to hire, it was not because of your race, gender, sexual orientation, you just couldn't fulfill the needs of the business.
  24. I believe the answer is yes - because you would have reached an end of contract, the resignation from the Perm job would have run its course.
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