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  1. Hello All The ET accepted my claim (sexual harassment, discrimination, victimisation) and I have recieved the ET3 responses (1 from employer, 1 from manager) both basically the same and prepared by their rep from the EEF. This rep is the same person who advised the repsonse to the Statutory Questionnaire that I issued to the company. This was given to me on the last day of the 8 week time limit (and a week after the last day lodgement to ET) and was signed by a HR rep rather than the EEF rep (even though it was she who drafted the response). The response left a large number (all but 2 really) of direct questions wholey unanswered, "don't see relevance, please state and we will consider further upon reciept bla bla". Not to be drawn into this time wasting excercise since the 8 weeks had elapsed and the claim already lodged, I simply pointed out that the tribunal may draw an adverse inference bla bla. In the ET3, the rep has stated that the Stat Questionnaire was answered in full and no inferences should be drawn - so my question is: what is the point of this? As soon as the Tribunal read it, they will see that most questions weren't answered at all, let alone in full. There is also a denial that the HR rep that I had my initial meeting with, when reading through my grievance letter, made a comment referring to the manager "having been warned about this before" when she got to the part about him winking/calling me darling etc. Now, I told this to the investigator and it's there in the minutes of this and subsequent meetings that the HR rep said this and it was never challenged. I had not previously complained of these things so obviously some else had spoken to HR. The investigation summary said that a number of other females had confirmed that the manager does these things (though ofcourse he denies it). 1 of the people was the HR rep! So my question here is: what's the point in denying she said this now? On the ET3 and also the Questionnaire "response", they seem to make a big deal that "emails from the previous year" indicate that organized nights out are an extension of work. Yes, I know this. However, seeing that they press this point on paper, I have all the emails sent before this particular event/incident and it does not have that bit included. Question: is this a disclaimer of sorts? If so, what's the point in saying that emails from the past have included it when the ones relevant to the incident (which I have) do not? TBH, I didn't think much of their ET3 - it didn't seem like they were making much of an effort to counter my claims. No doubt as time goes on, they will become more agressive in their approach. I had requested a copy of my personnel folder on the Stat Questionnaire which wasn't provided so I then made a Subject Access Request which HR accepted more than 40 days ago and it has not been complied with. I have emailed a Letter Before Action giving a further 7 days to comply but I doubt they will and if so, then certainly not in full.
  2. Hello All I'm new to the forum but hoping some of you might be kind enough to read comment on my post. Below is just a run down of events so far, for a bit of background; I'm a female receptionist at the company 5 years, never any grievances/disciplinarys, appraisals all good etc Senior manager over the years making increasingly innapropriate remarks, always regarding my chest/cleavage, increasingly embarassing and harassing. Afraid to make a complaint about him as I knew (first hand, not rumour or hearsay) that a young male colleague made a formal complaint against this manager(let's call him IC) for bullying & harassment in which he involved his union and labour relations to come into work to try to sort out (IC) and the following year an ET1 arrivied in from a young female who left on the grounds of Bullying + sexual harassment by IC. My views then, as now, is that the company are aware of IC's behaviour but haven't seen to be doing anything about it, so what's the point in complaining. It would also be my word against his. On a work night out before Xmas, IC made his usual sexist remarks but not just to me but to my sister! I wanted to go home right away but she thought we shouldn't let the oul pervert ruin our night. So we stayed til the end of the game and I tried not to think about it but it led to an exchange of words later in the evening. Initially I had planned to bring my bro, wish I had as IC would never have made his sexist/leering comments if I had my bro instead of sis. First thing Monday I put in a written grievance, giving details of the incident and saying that is it wasn't a first occurance but a continuation of the way he speaks to me in work and because it also envolved a third party (family member) he had totally crossed the line this time. I told them his remarks to me were often accompanied by winking and/or calling me darlin' - which I am sure he doesn't do to male colleagues. Investigation got under way, Summary of Findings agreed that he calls a few females darlin, and winks at a further few and while they agree this was innapropriate, it wasn't enough to warrant disciplinary proceedings. No mention that they upheld (or not) the on going sexist comments. For this and a few other points I appealed. The appeal for my grievance against IC was held with less than 24 hrs notice. No effort was made to obtain statements from outside (key)witnesses! No minutes were provided. No witness statements were given for me to review/refute. The director who chaired the appeal seemed to be reading from the Summary of Findings and said a Letter of Concern being put on IC's file wasn't just a slap on the wrist - there was no mention of this LOC on my summary so this (and a few other things) make me think that information has been selectively shared or purposefuly omited. The appeal outcome will de given to me next week but I doubt they will discipline him. Obviously the above is only a very limited description and as I plan to send an ET1 shortly, no doubt I will come on here pestering you folks for some more advice. BTW, I have already served an SD74 Questionnaire to which I've no response (but it's still withing the time frame requested) The reason for todays post concerns a counter greivance raised by IC about my reaction to the incident outside of work (a Sat nite in December). I felt this was in retaliation for my complaint against him and made this point. Still work insisted and so to co-operate (and get it over with because it was the week in between my grievance and subsequent appeal) I went in to the investigation meeting with the same lady who conducted mine against him and gave further details. The exchange of words that I mentioned earlier was in the last 10 mins of the game, when IC and his wife started berating my sis (ok, she was a little drunk but I was not as all in attendance agreed on). I couldn't believe that he had a cheek to do this, after the earlier remark to us both and ofcourse his ongoing treatment of me. It was all too much and it really got to me! From the very first meeting I had stated that when IC and his wife started on my sis, I sat facing forward, not opening my mouth. At this meeting I gave further detail as in, the reason I sat saying nothing was because I physically couldn't. I could feel a panic attack coming on because I was stressed to hell. Usually they come on without warning but I know the signs. All my focus then is internal, trying to concentrate on breathing. I was barely aware of anything go on around me but anything being said was between my sis, IC and his wife. The game ended, I was still trying to get control of myself when I stood up, put my coat over my arm and walked over the far side of the room. My sis was still talking with IC, his wife was beside him but staring at me. It must have looked so cowardly that I let them talk down to my sis without defending her and this was just something else for me to feel bad about but I thought I couldn't walk away without having said anything at all so I went over and told her she had no business talking to my sister in the way that she had. IC didn't like that I was speaking with her and so he said (in his usual threatening manner) that "all this" would be brought up with HR on Monday to which I replied "Good because I will have a lot more to say about you then and I know that I'll not be the only female to have complained about you". His grievance about me was 1. how was I able to know about that et1 directed at him - 2. that I was shouting and behaving in an unbecoming manner. 3. that someone said, her friend said, that I said ... ( a swear word when talking about his wife). My replies 1.my job involves opening post adressed to the company with no idividual name, such as an ET1 and I saw it with my own eyes. I have never broadcast about this or anything else in all my time at the company and confidentiality has never been an issue. My remarks were directed to IC and about IC. - 2. at the very end yes my voice might have been raised but it was due to the stressful situation, brought on by IC himself! 3. this (hearsay) lie was by the same person who works under IC and who was found to have been spreading rumours that my sis and I were frogmarched out out by security = again lies which was confirmed by the venue. Today I got the Summary of Findings for his grievance against me, detailed in 2 parts. It did not uphold the breach of confidentially as they reasonably found that anyone can make a slip under extreme pressure and that in usual circumstances I would never have mentioned knowing about his prior harassment. However, it upheld that the raised voiced and the alleged swear word (which I flatly deny!) in ref to the wife were unbecoming and warranted disciplinary for gross misconduct. Iwas neither told I could appeal not did it state this on the written summary. How can they say on one hand, my words concerning the et1 etc are excusable because of the extreme circumstances and yet my raised voice etc were not? It's a complete contradiction as it was all the same incident. Up until those last few minutes, everyone can confirm I was neither drunk, rude, abusive etc. Yes, under duress I said something I wouldn't have ordinarily but why excuse what I say not not the way it's said? I wasn't being nasty, just distressed. I think they are trying to bully me because I served the SD74 and am about to lodge an ET1. There is no way a raised voice (I wasn't screaming or anything like that) constitutes gross misconduct? The swearing things is just nonsense and hopefully I can prove that this heresay came from a malicious source. Please help
  3. I have a thread about my current Employment Tribunal already but am concious that using just that one thread will make it more difficult for people searching for advice on similar issues. I want to use a 'Comparator' to show I have been treated less favourably. The concern I have is that I don't have detailed information about the comparators or any proof to back up my argument - just what I know. Will an Employment Tribunal expect me to be able to provide proof? How can I obtain the information? For example, one element I know is that; I work with vulnerable people in their own homes, providing generic support and advice; The comparator works with vulnerable people in their own homes, providing specific support and advice.
  4. Experts of CAG, I hope you can assist ... I'm embroiled in a ET claim against a former employer for unfair dismissal. But, I'm encountering significant resistance from the Respondent's representatives. Their solicitors were ordered by the ET to prepare the Bundle. However every piece of incriminating evidence I have against their client that I want included, they challenge the relevance over. Even after I explain the relevance, they still reject the explanations and refuse to include them. Plus, their male solicitor has been incredibly condescending to me as well, making me feel a proper fool almost every step of the way! Even though, I *KNOW* I have a strong case, and I think tat is why he is giving me such a hard time and pushing back. As the Claimant, I am 100% positive these documents are relevant and critical to my case!! I think their solicitor is intentionally dragging this out, wasting my time and trying to bully me. I really have few options now, and I thought I'd come to the good people of CAG for some help. I know there are some very smart people on here who might, in the interest of the holidays, help me out. I really will be grateful for any, any, ANY time you can offer! It the solicitor and I cannot agree on the Bundle, what recourse do I have? Can I take over responsibility for putting the Bundle together myself, so I will be in control? The ET Order stipulated the Respondent should put it together since it appeared they had most of the original documents. Over time, however, that has not been true; I actually wound up being in possession of most of the original documents. If I did that, other than costs, what other risks are there? Will their solicitor be ale to make demands of me now in an attempt to start driving up my costs? I think most of the documents have already been exchanged - disclosure has been ongoing since 12/09 - so I think we're at the end. I just want to ensure the documents I want are included. Should I apply to the ET for a Case Management Discussion (CMD) to have the Tribunal decide what should go in or not? What would that request look like? Lastly, if I have been sent documents which the solicitor later claimed were covered by privilege, but I feel that these documents demonstrate that the Respondent is intentionally violating the law, how can I get those considered for inclusion by the ET? I would be eternally grateful to anyone out there who could assist this poor woman in distress!! Happy Christmas and Holdiays to you all, and thank you, thank you, thank you for whatever hep you can provide! Ever Yours, Emma P
  5. Hi all, ive just discovered this forum and it has given me a glimer of hope! If i am reposting a question which has already been asked i apologise. To my legally niave self it seems there are so many variables that no two people are in the same boat. My ex employer owes me just under £4K in unpaid wages. I have a winning employment tribunal saying so also. It is a ltd company. However the company is now basically just a name; it has no staff or seizable assets. It is just a virtual office and postbox. Therefore, as far as know there is no point sending in the balifs; it is the company that is liable, not the owner and therefore I cannot send the ballifs to his property. So i am stumped at what my options are. It seems to me that an employeer can disregard any debt with the only consequences been a poor credit rating. It also makes me think the tribunal result isnt worth a penny. I know that if he put the company into liquidation that I could claim back a good chunk of the owed amount via National Insurance / RPO. However I know he has a business loan secured against his home therefore will never do this. Additionally he has not paid my tax or national insurance for any of 09/10. Im at a loss of what my options are. I have looked at the "Got a judgement?" sticky in this forum and it looks that "An Order To Attend" may be the road to go down? Or would you good folks recommend another course of action? Any help would be greatly appreciated and any options considered! Thanks
  6. I don't wish to go into great detail but my employment tribunal is coming up in a few weeks time and to be quite honest it has been a total farce up to now trying to get a solicitor to represent me at the hearing as well as present my case. I was unfairly dismissed by my employer who also tried to maintain i was self employed when i knew full well i was not. I have already represented myself at the Pre Hearing in which it was to decide whether i was self employed or an employee to be able to allow the case to move forward. On the day in question i was found by the Tribunal to have been an employee and not self employed so the case was allowed now to move forward to the hearing. The problem is i have been let down at every avenue trying to get representation at the hearing to put my case forward. I had contacted one Solicitor who asked me to send both the ET1 and ET3 forms which i did as soon as the tribunal had got hold of the ET3. However after sending this by recorded delivery i also emailed the Solicitor to state i had posted what he required but quickly received an email saying he was out of the office until the following week. When he finally contacted me he stated that he had not received the forms. I also could not find the receipt which proved i had sent them. However i had already contacted another company not sure if i should mention their names but anyway they offer a service of appointing a solicitor for you on a no win no fee basis. I signed up and it took about three weeks before i was able to get a solicitor. I was then told that a solicitor had been appointed and would take the case on but because the hearing date was so close around 2 months away? he decided that i should write to the court to attempt to get the trial adjourned. I was told by this company what to put in the letter and followed their advice. However with time ticking away i left it for a few days and then telephoned the tribunal if any decision had been made. I was told that it had and that the adjournment was not allowed. On grounds that i had had enough time to get a solicitor which was rubbish as i had done everything i possibly could to get one. On going back to this company and telling them what had happened i was told no more could be done and they were unable to appoint a solicitor after about 3 or 4 weeks of to and throwing and ending up with nothing. I then contact a local solicitor who said he might be prepared to take the case on. So i spent an entire day going through all paperwork to make sure he had everything he needed and posted to their office in person. Two days later i receive an email for the Solicitor stating that he could not take on the case because it was not economically viable, But if i was to pay for his services then he maybe able to represent me. Problem is i am on ESA suffering severe depression and cannot afford to pay a solicitor unless i won my tribunal which i don't think i have any trouble in doing. I have attempted to take my own life through the hell i have been put through. Before going onto ESA i was on JSA and making a clear attempt to get a job but because of being sacked for something i did not do i am unable to find any one who will employ me. I was sacked for something totally out of this world and even though this was not a sackable offence i was not to blame for it. I also needed to go home and made contact with the person who i was told to report any problems during my shift which i did. I should not have been driving and was a danger to any road user because the amount of tablets i had taken and needed desperately to go home as i was in agony. I was sacked with no warning being given, although a colleague did tell me prior to me being sacked what was going to happen so my sacking was discussed between others before i knew anything about it. I was called into the office where i was sacked on the spot there was no letters asking me to the office, no witness present, and nothing was ever put in writing as to what i had done wrong. It was verbal. I was not even given any chance to explain myself either. I attempted to get some mediation between myself and the company going. My employers never bothered to attempt to find out what really happened and basically ignored my requests of a meeting to talk through why i was being sacked. That was when i called upon ACAS in the hope they might be able to do something. ACAS failed and i was advised to take the matter to an employment Tribunal which i then did. However i tried to support myself on what little savings i had rather than sign on for JSA as i thought i would get another job no problem however it has turned out to be a roller coaster. This has left me homeless, Jobless, as well as penny less i have had some very good friends who have tried their best to help me out however i am getting all kinds of advice and i am very confused now. I am on anti depressants for the severe depression i have had and still have but the feelings of suicide have subsided a little although they are still there. When i was given the news yesterday that this solicitor could not act for me i very nearly did it. Even though i have a good case i know that, but because of the tablets i was on these have something also to do with the fact that i could not concentrate on things i have been attending meetings everyday more or less for everything from debt crisis to ESA, CAB, you name it. However the case is looming very close and i need some advice on how i prepare now for this. I have all my paperwork more or less uptogether. But the judge told me on the day of the pre hearing that i had not submitted anything to do with compensation or what i was looking for from this case? I sat there dumbfounded but i believe she probably meant that i have not told them what i am looking for? I did say that my solicitor was hopefully going to deal with that which is not the case now. So do i put in writing to the court what i am looking for? The first and most important thing is to get my name cleared and then compensation for lost wages holiday and the hell i have been put through but how do you submit hell on an application? How do i word it what is going to be expected of me on that day especially if i have no representation? The other side will have their solicitor and i will have nobody except the truth and nothing but the truth on my side. I have tried to handle everything on this case i have made a very good stab at it even trying to find a job which basically left me in the Job centre in front of a case worker there basically in tears i just could not help it and even this girl was in tears and it was her who told me to seek medical help quickly and get off of JSA and to try and get ESA. The doctor told me that i had attempted to take on far too much and knew i was a danger to myself I am frightened by the fact that i nearly hanged myself even though this has still not stopped me from taking my own life or contemplated doing it. MY life is a mess and everything is down to nothing but my employers had i never been placed in this position by them everything would have been OK. I had never taken a day sick from them and worked hard at my job and always looked at my Job that it came first before anything. I am not a layabout and never have been i never wanted to sign on in the first place i wanted a decent paying job what ever job so long as i was working and able to support myself. Please anybody with any knowledge in this area please some help needed on what i am to do.
  7. Hi The case is about to go into court i cannot really say too much on what had happened. But anyway i was sacked not given any right to appeal, nothing was given in writing and the allegations of leaving something on a desk that was needed for my work really does not come into Gross misconduct. So what is happening now is that ACAS contacted me and stated that the other side had agreed that they felt the case was unsafe and feel that it would not be in their interest to pursue it. They made an offer of £1,000 which i totally refused and stated no i would still be taking this to the employment Tribunal. I had already won the first stage as the pre hearing was to establish if i was self employed or an Employee which i had always stated to this company i was. The judgment was found in my favour. However the other side now state that they intend to attempt to lower my compensation claim which is around £25,000 do they have a leg to stand on?
  8. Hi id lick some advice please. I have my Employment Tribunal coming in a week or two. I was summarily dismissed in Febuary this year for alleged gross misconduct. specificly posting (alleged) confidential material on facebook. This went the the dissciplinarys, and appeals etc.. and as far as i know they follwoered the correct proceedures etc.. I am still compiling my evidence statment, getting prepared for the ET. One thing i have been thinking about is, The alleged gross misconduct happened while i was signed off work for Stress. would this have any bearing on the trial at all? i went off sick on january 3rd, with sick note for stress. i was again signed off on the 28th januiary for stress. i was phoned and asked to attend a meeting on the 1st febuary. which i did,( in hind sight i shouldnt off, but was informed it was important) there i was informed about some changes to working patterns, and also potential redundancies in my store. Other collegue were getting briefed the same day. i put something on FB the day after.and have plenty of evidence showing this being dicusse don another site by other people, though an internal business forum. When i went back to work, on the 13th Feb, i was suspending pending investigation and subsequently dismissed and appealed etc.. Also I was dismissed for an alleged first offence, + could i quote "•Article 10, (freedom of expression)" because the alleged confidential material was already common/public knowledge. Also got these point here which may help me, but unsure of the ebst way of putting all this across. 5. Had the employee done this before ? 6. Did the employer consider warnings, were these used in the past ? 7. Did the employer consider the overall performance of the employee, for example did the employee previously have a long record of good work and behaviour ? 8. Could the employer have disciplined the employee instead of dismissing them ?
  9. hi hopefully someone out there can answer my question because every time i ask someone i get varying answers. well i had medical in january to assess my incapacity i suffer from realy bad depression i needed 10 points and only got 7 so i was classed able to work.before i go on ,before i went in for the medical my son gave me a small rcorder and told me to switch it on secretly so we could listen to it later for obvious reasons well when i recieved my results of the medical the examining doc had told blatant lies i only needed 3 more points to pass and im sooo bleeding frustrated cos iv got the tape proving that he lied.this made my mind up to appeal against the decision and iv been on reduced money since january i owe a budgeting loan so i pay £10 for that and i get £43 to live on i live on my own but iv coped so far my tribunal date was last week but i was so ill i couldnt even get out of bed i cant describe how bad i feel sometimes.i recieved another date for tribunal for october.what i want to know is if i pass tribunal will i get benefit backdated and also could i use tape for evidence even if i dont pass i feel like giving it to a reporter or something .this must happen loads of times as i said its very frustrating.
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