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  1. 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 ?
  2. 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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