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  1. I've read on the Benefits Handbook that both ET awards and settlements for unfair dismissal are counted as 'earnings' rather than capital. Can anyone clarify what this means in practical terms if you are in receipt of JSA? Earnings refer to a specific period of time when you were being paid, however, this would be a lump sum, hopefully substantial, but paid all in one go, how would the DWP consider these 'earnings'? I always thought it would be regarded as capital and there would be deductions according to the amount, or no benefits paid if over £16k, at least not until balance went down. I'm confused seeing it's regarded as earnings.
  2. I had worked at a bar - let's nickname it "Tribe Bar" - as the head doorman for over ten years when in August 2010 a new owner came in - I'll nickname them "City Leisure". There was one director, though his company secretary (who had previously co-directed various companies with him) later came onboard. All the staff were kept on bar me. Because I worked via a management company, City Leisure assumed I wasn't entitled to any rights, so got someone cheaper in. The first Tribunal was to decide who my employer was at the time of my dismissal. City Leisure didn't show up - but only to buy time. They came up with a cockamamie reason that the judge accepted, and so on to Tribunal two. Here, it was decided there had indeed been a TUPE transfer. During the third and supposedly final Tribunal - which because of a few cancellations due to the opposition again buying time, didn't take place until March 2012 - City Leisure were found culpable and, a month later, were ordered to pay a total of almost£17,000. The thing is, they were granted leave to appeal on a technical issue,and so a final Tribunal took place over a year later (more time-buying from the opposition), April 2013. I won outright this time. But here's the problem:they've not paid a penny because they managed to get themselves struck off Companies House. According to my brief, this means I'll have to go down the civil route and "that will cost thousands and won't be worth it". Icontacted Companies House, who told me the law was that City Leisure was supposed to have told me/my brief that they were applying to be struck off before it happened, and also inform them, Companies House, that they were involved in a court case. They did neither. Apparently, they were struck off October 2011 (the first I heard of it was a letter to my brief from City Leisure in April 2012 saying they had sold the bar - at the time my brief said we should just carry on with the case and see what happens). The 'new' owner of the bar was "Tribe Bar Ltd" - its sole director a RELATIVE of one of City Leisure's directors! Since then, I've checked with licensing. They tell me that, although Tribe Bar Ltd is according to Company Check still the owner of Tribe Bar, the licensee has gone from being Tribe Bar Ltd to "Nelson Ltd" (again, my nickname), which is owned by - surprise, surprise - one of the directors of City Leisure. There's further proof that the people from City Leisure continued to, and still do, run/own Tribe Bar, despite their claim to have sold it - not only is one of the directors constantly there running it, but (a) he actually gave an interview online as the company owner past the supposedly sold date, and (b) other companies are registered to City Leisure'sdirectors at Tribe Bar's address. How annoying that Companies House told me words to the effect of, "We just take people at face value when they want to be struck off, we don't investigate" - thanks Companies House. That ridiculous policy lost me £17,000. Here are my questions: 1) When my brief says that it will cost me thousands to take these people to civil court,does he mean mostly in his fees? Can I do this on the cheap myself? 2) Since the directors of City Leisure have clearly broken Companies House rules, if I should prove it to them, does this mean City Leisure will be put back on the register? And if so, doesn't this mean that they will have to pay me my money, as though they were never struck off? 3) Although the actual decision to award me damages came after the strike off and supposed new company ownership, since all the staff stayed on (and hence another TUPE transfer), isn't Tribe Bar Ltd, the 'new' owner, libel for the £17,000 4) What should I do now?
  3. Hi there, this is my first thread. I have read a lot of the information posted and found it to be very helpful. Hoping someone may be able to clarify this question for me. I have a CMD tele/conference call scheduled with Respondent who is my former employer and the ET Judge. The Tribunal date is only weeks away. This came about after Respondent decided they wished to change already disclosed documents and witness statements. The date for disclosure was over a month ago and the date for the witness statements to be exchanged had also passed. We were at the stage of agreeing bundles. Now Respondent wants to disregard their disclosed statements and witness statements and prepare new ones? I believe this has come about after reading my documents. Surely this cannot be allowed. The Respondent also wants the Tribunal date postponed. Has anyone had experience of this and if so am I within my rights to object to their request to change disclosed documents and what can I expect during the CMD. Any help and info much appreciated.
  4. Hello, Sorry if this is the wrong place, but I'm new here and it's taken me 2 days to find out how to do this. I have spent a while going through the treads on this website which relate to the ET. I wondered if there was anyone who could give me some pointers on what I should be doing in order to represent my son at his ET at the beginning of October. Brief summary of case: ⦁ November 2011 son sent in a written qualifying protected disclosure about absence due to ill health, the state of his working environment, and the treatment he had been receiving from his new appointed line manager; ⦁ Guaranteed promotion by the PM, but was turned down because the PM said he lacked the ability to lead a team of people and because of his communication skills; although he had been carrying out the role of manager/team leader for at least 18 months; ⦁ Negative Treatment became a lot worse since handing in letter; ⦁ Being told a colleague could speak better English that my son; ⦁ Being told by a manager that a child could do my sons job with his eyes shut; ⦁ Being asked if my son was as stupid as he sounds; ⦁ That my son had no common sense; ⦁ A manager telling another co worker that he suspected my son of stealing; ⦁ The unlawful searching of my sons bag; ⦁ PM lying to OH in order to gain my sons medical records; ⦁ Two false allegations made against my son after he told the PM that he was going with a grievance and taking it to HO. ⦁ Being phoned at home and threatened with dismissal, relocation & further suspension if my son didn't drop the grievances; ⦁ Being subjected to a 5 hour meeting in which the Store manager repeatedly refused to listen to my son and his representative, regarding not wanting to drop 2 grievances; My sons disabilities are Verbal dyspraxia and global cognitive dysfunction. Sent in ET1 in Feb 2012. Attended 3 CMD's. Case began in August, but was delayed after 3 days (halfway through my sons being cross-examined), due to the ill health of one of the judges. Case has been re-listed for the first week in October and it is expected to last 5 more days. I suppose I'm really after some advice regarding how I deal with their solicitors, who, to be truthful, have been awful in regards to including information we want etc. To be honest it sounds as though they are acting the same way as most solicitors do in these cases. So I guess I'm just asking how to play them at their own game. Right from the start the EJ has suggested that the respondent take up mediation, but they have declined all the way through. Even on the first day of the hearing the EJ allowed both parties a 30 minutes, in the hope that the other side would take up mediation, but again they declined. So we went onto the full hearing. How do we go about proving points of law, which is all I keep reading about. We are now happy with the bundle, although we have additional papers we are adding. We can't afford to pay for a solicitor, we don't have legal cover on our home insurance, my sons income is too high to qualify for legal aid (by £30), so up to date we have had to do everything ourselves i.e. witness statements, gathering evidence, attending 3 CMD's, corresponding with their solicitors etc. I really would appreciate any help or advice on how I go about representing my son at the ET. Thank you in advance for any replies
  5. Hi, I have my case accepted by the Employment Tribunal and I need to set out in writing “what remedy the tribunal is being asked to award”. I am claiming unfair dismissal and outstanding payment. Last week the respondent received the claim and decided to pay my wages… they already paid half of the money and promised to pay me the other half in 2 weeks… PS: I don’t believe them, as they have sent 2 cheques to me and they stopped the payment on both. I would like some advise on what I am requesting as a “remedy” (I have 5 questions): - [1] Outstanding wages (only the half missing, right? But what happens if they pay me it before the hearing?) - [2] Loss of past earnings (from my last day of work to ____ – hearing date or the date of this letter?) - [3] Loss of future earnings (I didn’t find a job yet… and I don’t know when I will find … how long can I include here? 6 months?) The Employment Tribunal is also asking me to “include any evidence and documentation supporting what is claimed and how it is calculated”. [4] What kind of documentation shall I include? [5] Can I claim any compensation regarding the late payment and/or the two cheques with payment stopped? Many thanks.
  6. Help!!!!! ]I am a disabled single parentm I was made redundant following a restructuring which happened while I was off sick, I put in claims for disability discrimination, sex and race discrimination and Unfair dismissal. I recently attended a CMD (I am self representing) and the judge said that part of the issues I asked the tribunal to deal with were out of time and that I could use it as background information or by a certain date inform the respondent if I still intended to pursue the claims that were deemed out of time. I Informed the respondent that I wished to pursue these claims as it was a continuous act of discrimination and the restructuring should be dealt with in its entirety as the discrimination occurred throughout that process. They have now informed me that they are going to ask for a PHR and will ask for their costs to be paid for by me... I have no money as it is, this has been ongoing for almost a year and the redundancy money is all spent and I am not working as I have clinical depression as well as existing conditions which have been made worst due to the stress. What are the chances of me being made to pay the respondents costs or is it just a tactic to discourage me from pursuing the claims? Please I need advice!!!
  7. I have been involved in a Constructive Dismissal case at a Scottish Employment Tribunal for almost a year. I have already expressed elsewhere how frustrating it is for an employee to make a successful claim and how it is no surprise that fewer than 5% of claims are successful, briefly: They get to present their case after hearing yours and there is no way of contradicting anything they say. Witnesses who still work there are reluctant to testify against the employer. They outnumber you grossly and if they get their story straight they appear more credible. Giving evidence last it is fresher in the minds of the adjudicators. My case is quite complicated but it involves not being employed as per the job I was offered after moving home (250 miles), not being properly supported, ignoring grievances and stress to an unimaginable degree. I had claimed for loss of earnings plus to be re-employed in the position I had been originally offered. But today I had a bit of a bombshell. After four days of hearings, the Tribunal was adjourned in December until 15th March (two days time) and having been made a number of risible offers to settle the case over the past few months, I finally decided that I had had enough, as much as I felt that my former employers should be held to account I could not face two more days of hearings, listening to my former manager lie and the possibility that the Tribunal might fall for it. They made a final offer which was not great but I thought that it would give me the resources to move on. I had until 5.00pm today (13th March) to decide whether to accept it and yesterday, after some consideration, I contacted my solicitor instructing him to do so. I had my first decent sleep for almost a year. But then first thing this morning, I had a call from my solicitor's office telling me that I would forfeit most, if not all, of the money I had been offered to pay my fees as the Legal Aid conditions changed a year ago allowing fees to be 'clawed back'. My solicitor is in court with other cases all day so I can't discuss it with him. I phoned the Legal Aid Helpline to asked for urgent advice - given that I have until 5.00pm to make a decision. They said that my solicitor should have informed me about this but I am sure that he did not - and given that he was persuasive of me accepting an earlier, obviously lower, offer, I would have been in the same situation - only today did I receive advice from his office that I would probably receive little if any of the award. There is a mechanism for appealing agains clawback but given the timescale, I cannot appeal until after I respond to the offer and it may well be that even if I accept their offer, all the stress and anguish of the last year has been for absolutely nothing. To say that I felt devastated at this revelation is an understatement. I am of the feeling that I have no alternative but to press on with the Tribunal even with the odds stacked against me. Whilst I post this as a caution, or at least information, to others, if anybody has any constructive advice before today's deadline, I'd be grateful.
  8. Hi, I worked for a company for nearly five years, I used to love it. Then the last few months, the company started to struggle and the boss was hardly around. Out of the blue I got handed a long list of 'evidence' constituting in the whole to gross misconduct. Earlier we had been given a contract to sign which had changed and I hadn't signed it and written a letter stating I wasn't happy to. I think it was this that angered the boss who then knocked my hours down and spent the time I wasn't in trawling my computer and printed off so called evidence. Silly things like joke emails and banter, that sort of stuff. I'm pretty sure it's not gross misconduct. I was the hardest worker there. And I was accused of being a detriment to the companies success. I feel victimised and bullied, and because of my treatment all the other staff members left within the space of 2 months. There isn't anybody there anymore. Both disciplinary and appeal hearings seemed to have already predetermined outcomes and the sheer tone of voice in all the letters I have received is extremely upsetting. I logged it with the tribunal as unfair dismissal as I believe whole heartedly that I have done nothing wrong. I am now currently going through the process of case management orders. I have met all the deadlines and adhered to them. The bundle of documents has been sorted, even though I had to make the respondent aware quite a few of my documents had not been included but listed, and both parties have exchanged witness statements. It has been a month now and the respondent has suddenly decided to add an additional set of documents to the bundle. I suspect he is only doing this now as he has read my witness statement and is trying to cover himself. Is he allowed to do this when the date has passed for the case management orders? It seems a little unfair as he could just keep adding more and more up until the day itself, and I have to prepare myself for it all. It's messy enough as it stands without any extra in there. The message has come through his solicitors who basically say in no two words they are adhering to the respondent. I'm surprised a solicitor would allow it. I would have thought the dates on the case management orders are there for a reason. Any help on what to do would be most appreciated. I don't have a solictor, I'm going this alone as I can't afford one sadly. Mainly because I'm out of a job now due to all of this. I'll be glad when it's all over to be fair.
  9. Between Sept and Nov 2011, I sent written grievance letters to my previous employer. I submitted my Case to Employment Tribunal on 23 Nov 2011, they resisted the case, so the hearing was done on 30 march 2012. They were absent, and I was awarded £2000. After 42 days, they still didn't pay up, only when I threaten to use the baliffs, now they say they are dissloved and have no liabilities to me. Searching on the web, gave me this, the dissolution started on 30 Nov 2011, as the only director resigned. It came effective on 1 may 2012. Only 10 days ago, their representative informed me about the dissolution, no dates or explanation were given. Nor me or the ET was informed about the dissolution beforehand. The company and the representative both disappeared online am I suspect they are the same lot. I worked at a restaurant(Zen) which pay cash on hand, no records or contracts made. Anyway I won the case. During the claiming process, they said that I was not employed by the restaurant, but this company(North Towers) which owns the restaurant, and during the case, another company(Grandway Trading) respresented them. North Towers Ltd is now dissolved. I had no knowledge of that beforehand and I accepted the fact. The restaurant is still up and running. From the judgement from ET, I had a month to act before it was finally dissolved, I didn't check and thought of this scenario. What can I do? I am now in Germany and my friend is dealing with it in UK, he thinks there is a contempt of court.
  10. I submitted my Case to Employment Tribunal on 23 Nov 2011, they resisted the case, so the hearing was done on 30 march 2012. They were absent, and I was awarded £2000. After 42 days, they still didn't pay up, only when I threaten to use the baliffs, now they say they are dissloved and have no liabilities to me. Searching on the web, gave me this, the dissolution started on 30 Nov 2011, as the only director resigned. It came effective on 1 may 2012. Only 10 days ago, the representative informed me about the dissolution, no dates or explanation were given. Nor me or the ET was informed about this. The company and the representative both disappeared online am I suspect they are the same lot. The company was a restaurant(Z) which pay cash on hand, no records or contracts made. Anyway I won the case. During the claiming process, they said that I was not employed by the restaurant, but this company(N) which owns the restaurant, and during the case, I am been dealing with another company(G) that respresented(N) them. I had no knowledge of that beforehand and I accepted the fact. The restaurant is still up and running. What can I do? I am now in Germany and my friend is dealing with it in UK, he thinks there is a contempt of court.
  11. I had a return to work interview (after more than a week off waiting for OH assessment that advised I was perfectly fir to work, as the hospital had stated on discharging me), immediately followed by a 'management restructuring meeting' where I was invited to resign or take redundancy. I asked at the start of the meeting when I realised where it was leading whether I would be supplied with minutes; the response was that it was not a formal meeting, so no minutes would be taken/available. I followed up the meeting with an email with my notes of the meeting. A reply came back with employers version - I think he'd been at a different meeting, still discussing 'restructure' with the implication my role no longer exists, although no reference to redundancy/req to resign that had been main topic of meeting. At a brief face to face meeting today, reaffirmed the redundancy 'option' - plus followed by a couple of emails from them referring to the face to face meeting, and 'the matter we spoke of' and 'the misunderstanding'. If I can't get decent settlement, planning to take to Emp Tribunal - but am concerned about this lack of written evidence - any advice? Also, can I insist on taking a friend with me as a witness to future meetings?
  12. Hi everyone, I have been having alot of problems at work for around a year and a half and a month ago I was verbally abused by my work collegue whom also pushed me. I put a grievance in following which I won, yet I have still been kept off of work for a month so far until the situation is sorted, yet the other individual is still at work. I have been treated differently and even the manager has been treating me badly she doesnt even talk to me anymore as she is very good friends with the other individual and it is a small company. I have told my manager previously about other situations and she just laughs about it. I even put in a complaint around three months ago about the way that I am treated at work which was simply ignored. I want to know what my options are and if I can claim constructive dismissal as I feel like the company are trying to keep me off of work for as long as possible until I leave. Thanks in advance
  13. Any help would be appreciated please. I have brought an ET against my husband’s employer, for owed holiday pay, severance pay and unfair dismissal. The case is strong with lots of evidence in our favour. Employer is a LTD Company. We attempted pre-claim conciliation with ACAS but the employers were not interested. We then submitted a claim in the region of 6k when all mitigating losses were accounted for, but still offered to them a settlement through ACAS amounting to £1200 for just the holiday pay and severance, which again they declined and informed ACAS that they are now going into Liquidation. They submitted their ET Response which was accepted, but have since failed to stick to the Case Management Order by the ET, which I have informed the ET of. My question is, if the employer does go in to Liquidation, what is the likely hood of us getting the money owed? And how do we pursue this? Many thanks in advance.
  14. Hi I’m someone who is simply tired of the whole system and the different information I am getting from all different sources. My story is explained below I used to work for a company let’s call it company A. On 2/06/2011 i gave in my resignation as I found another employment, my notice period was 4 weeks so i was hoping to finish on 30/06/2011. on 13/06/2011 company went into administration, company was operational under administration On 22/06/2011 all the business of Company A which was in administration was acquired by company B. (The name of business was changed into company B name). When new company took over I carried on working as normal and was never given redundancy letter or asked to leave On 30/06/2011 I left company on my own accord after serving notice period. Visual Company A Comp A in Admin Company B ===[]===============>[]=============>[]================>[] 02/06/2011 13/06/2011 22/06/2011 30/06/2011 gave in my resignation Company A went Company B aquired i left company in intention of leaving into administartion the businessand name on my own accord company after serving was changed after serving my notice my 4 weeks notice to company B name Now the painful bit, I had my outstanding wages i.e. some from May, June wage, holiday pay Company B had only agreed To pay my wages from 22/06/2011 till 30/06/2011 Administrators of Company A are saying that "You carried on working for the new company and decided to leave on your own accord. The new company takes on the liabilities of all existing employee even those who worked during the Administration period under Tupi law. I suggest you go back to Company B and claim any outstanding wages owed to you. It will also be Company B who will be issuing you with your P45/P60 forms." then I went on to get legal advice to find out who i need to make a claim against and they said I need to claim my wages from Insolvency service and fill in RP1 form as in this case all staff get redundant automatically and get rehired by the new company automatically. (To be honest i did not understand this at all so i told them i need this in writing before i fill in the form) I have both wage slip and P45 from both old company and new company (May and till 21 June 2011 payslip and P45 with Company A name on it) (22 June till 30 June wage slip and P45 with Company B name on it). Can please someone help me find out who is actually liable for my wages as my almost £1800 are on paper paid to me but I never got money for it. Thank you all in advance, waiting for your reply
  15. Hi everyone, I hope someone can offer me advice regarding below. I started my new job on the 1st of June 2010 and was subject to a six month probationary period. Being a car driver was a ‘desirable’ element of the Person specifications - and not ‘essential’. Nor was it asked on my application form (have copies of both documents). It was raised during interview in which I stated a pay rise would help facilitate driving lessons but nothing more than that really. August 24th I have supervision. Asked about driving, spoke about options – ‘TARGET’ date of 1st March. (have copy of this) In between the six months period another colleague was receiving huge pressure to get her driving license too. I am now the only staff member that does not drive. My manager told me in her office that driving is now ‘MANDATORY’ for all staff. She also called me in around three/four weeks ago stating ‘we may need to bring the target date forward’ so I told her I really could not afford it and reminded her of the target date. Nothing more was said. 6 months later (1st December) I have supervision. I am honest and state that I am struggling with paperwork/ workload (I am not alone – ALL staff feel this way!). Manager highlighted that I had not received support from team leaders and would ensure support is received. Support received from manager at time of supervision too. Everything is ok as far as I am aware. (have copy of this too) Then on the 23rd of December I get handed a letter by my manager. Here it is:- (dated 17th December 2010) Following previous discussion we have had in your supervisions, you are aware that it is essential that you have a mode of transport i.e moped/motorcycle/car to enable you to carry out your role as a support worker. As discussed at your supervision on the 24th of August, we agreed a deadline for the 1st of March 2011. Your probationary period was set to end on the 1st of December 2010, unfortunately taking this in to account I will be extending your probationary period for a further 3 month, giving you the opportunity to improve on the areas you are failing to achieve in currently. Your probationary period will be extended to the 1st of March 2011 when your situation will be assessed you must understand your failure in meeting this deadline could ultimately lead to your employment being terminated. If you have any questions or would like to discuss this further please do not hesitate to contact me. The letter predominantly revolves around driving being the issue - the thing that bothers me most is that ‘I’ raised my paperwork/workload issue - not them – and there is no evidence that I am ‘FAILING’ other than my expectations of myself!! Someone has just passed their probationary period admitting to me that they had not even touched their paperwork. It feels they are using this as extra weight by saying ‘areas (plural) that I am failing to achieve in currently’. I suppose the question is – can they do this? Well, they already have but can I do anything about it? Should I not have received a new contract with driving being a prerequisite? I feel really stressed out and hate going in to work now. Hope someone can help advise me!
  16. Hi there, I need to submit a schedule of loss to the respondent by 17/06/11. Can I include injury to feelings? Thank you kindly!
  17. Hi all, I'm preparing an ET1 for my wife who's been unfairly dismissed. I've read a fair bit of stuff on the web, but not sure how much info to put on the form. There's a lot of things happened and I don't want it to end up as a long "witness statement". I've started with a basic timeline of events and think I now need to put down the reasons I believe the investigation was flawed/biased, etc. I'm worried that I might miss something vital out and be prevented from using it later. Bottom line is how much detail should I put in? Many thanks for any advice. Nick.
  18. I'm going through a tribunal at the moment for disability discrimination and harassment. I am off work due to various health problems. I have this morning found out that my employer's solicitor claims to have video evidence but has so far failed to disclose it. My solicitor has applied for a disclosure order. I know for a fact there is no video evidence from my workplace and in any case, if there was it would support my claim. I feel this evidence has to have been obtained covertly of me at home or shopping as these are the only places I go with the exception of the doctors and the hospital. I have struggled to find useful info about the law regarding employers doing this. Does anyone know about this or have any resources which may be useful?
  19. Hi everyone, Just some advice please. Some of you will know of my Employment Tribunal Case, but i have a question which needs an answer. If the claim is settled and agreed between the Claimant and Respondent at the Tribunal which then goes in front of the Employment Judge who oversee's what has been agreed and a date of 28 days is given by the Responent in which to pay the compensation or award. In my case the Judge directed that payment must be made no later than 28 days but if the claimant does not receive the payment i am to go straight back to court and report that no payment has been received. Now what happens if the employer does not pay up or is trying to sit this out so they won't have to pay up. What exactly would the tribunal do in such cases. Also if you had to take the ex employer to a County Court will the ex employer pay any costs in doing so. What are the options in such a scenario? There is very little i can find on this subject on the net. Thank you in advance.
  20. I am taking a company to court in two weeks time to an emploment tribunal. It turns out that all the paper work has been submitted under the companies trading name. The boss has been responding to all the paperwork and filled in court documents also using the trade name. Now his solicitor has pulled the name as being incorrect can they get the case thrown out???
  21. Hi there, I am trying to help my daughter with an issue and hope that I have come to the right place on the Forum to get some advice! I'll try to keep this short. Feb 2010 - Daughter succesful at Interview with Large Bank She then completed their "Screening Process" and was given a start date. April 2010 - Daughter starts at Large Bank. Training Course for 6 Weeks. May 2010 - Having completed Training and (in the words of her line manager) exceeding all targets, she is called into a Meeting and told she lied on her Application form re her Exam Results and therefore she's going to be sacked if she doesn't resign. Union were involved at all stages of the internal resolution process. Daughter discovered she was pregnant two weeks after leaving Large Bank and therefore unable to get further employment for the time being. Applied to Employment Tribunal during the internal process due to Large Bank dragging their feet and that fact that she would have been out of time if she had not. So, Large Banks Solicitors are now getting nasty as the internal resolution process has come to and end with a big fat "no" and no supporting information or documents. Whereas Daughter can PROVE she provided her grades, but they will NOT give her a copy of her online application form to PROVE that she "lied" (their words) Via Employment Tribunal we have requested an Order to get them to disclose the Online Application Form. Now their Solicitors have said they will "next week" when Large Bank gives it to them (So why not just show it to us in May and every meeting in which we've asked for it since?) and meanwhile will we agree to show them our paperwork if they show us theirs!? So, where from here? Do we wait and see if the ET Chair will Order them to disclose? Do we Disclose our paperwork? It's a bit complicated, without making it obvious who the parties are, so sorry if it's a bit vague. The claim at ET is for wrongful dismissal (Procedures were not followed, not allowed representation in the "resign or be sacked" meeting, as it was "informal" - apparently!) and Age/Sex Discrimination (Union feel that they wouldn't have treated someone older with more life experience in this way) Problem we have is that due to length of service/membership Union cannot help us from here on in! Any help gratefully received.
  22. I have an employment hearing for next month the respondant has already had it postponed once and i have now received a letter from their solicitor saying that the company name I have issued proceedings against them in is only a trading name of a mother company and that I was aware (which I wasnt but should have been) of this. They now want me to agree that the name is wrong and have it changed, all their correspondance has the name I have known but when I looked on my tax returns I was being paid by the other name. Can they get the case thrown out on a name technicallity?? What sort of problems is this going to cause me????
  23. Sorry this is a long and complicated one!!!! I started a new job less than 3 months ago; the recruitment process took 5 months from start to finish and applied for the position through an agency as I d not think the employer was taking applications direct. The job I originally applied for was a more senior position and although I was joining a new industry the level of responsibility within that role was more in line with what I had been doing other the past 2 years. There was a lot of waiting around in the recruitment process, hence it taking 5 months and I literally had to jump through hoops, 2 online exams, an assessment day, role plays, face to face interviews. I was then told that I was successful with my application by the agency however because I had no experience in the industry I would have to go on a development plan first with the company for 18 months to learn about what they do but after that I would then be given my full job title and be placed into the position I originally applied for. I was happy to accept as I was really excited about the company and what they had to offer, I asked for the development plan to be put into writing in my contract but was told by the agency that they had spoken to the company and this wasn't standard practise but my development would be measured by my manager (one of the senior managers in the department) by monthly one to ones and measurable objectives. I was given my contract, my manager title and confirmed my start date directly with the company. I asked what my mangers name was and was told it was "Sarah”. On my first day I arrived and went to the a HR induction in the morning and was told that my manager would be picking me up and taking me to my desk. A man appeared who said his name was "Joe". Introduced himself as my manager and gave me his job title which was the same job title I applied for (Team Leader of one of the 10 teams in the department). I asked him if he was sure he was supposed to be picking me up and explained that I was expecting someone else and that it said in my contract that I would be reporting into "Sarah". He said he would clarify with the Head of Department "Rachel" and see what was going on. He told me that he had spoken to "Rachel" and that I would be temporally reporting to him as they wasn't any work for me but I would be later doing some work directly for "Rachel" and "Sarah". I was happy with this and my first week was spent going round all the different teams learning how the department functions etc. A month passed and I was still on this team, doing a remedial job I used to do when I first left school! I was not really learning anything as "Joe" is quite inexperienced in terms of people development and every time I asked him a question he had to clarify his answer with "Rachel". It got to a point where basically he was just a go between me and her so I invited "Rachel" for a chat to let her know my concerns. In the chat I was told that there was no plan ever for me to go on a development plan, that I was never reporting into "Sarah" and an error was made on my contract. The lady who dealt with my paperwork in HR had now left so they couldn't speak to her about my offer or find any of my paper work, including my original application or CV (how convenient). I asked her about the project work and she said this wasn't the case but maybe sometime in the future and I was to stay reporting into a person who technically speaking is on the same level as me!!! She also admitted that this wasn't the first time a person had been told something like this and HR was investigating as the other person had walked out!!! I have now found another job and have handed my notice in. My questions are: 1) Is the employer, agency or myself at fault here?? They seem to be hiding behind the agency but surely since it is there position they should be monitoring the communication from agencies to potential new employees. 2) How can my Line manager's Job Title on my contract be different from the one I am actually reporting into, is this allowed??? I thought you could only change an employee’s contract in writing and with notice. 3) Where has my paperwork conveniently gone to? Should I do a data subject access request and see for myself? It’s a big place (over 2000 employees) so I bet who ever deals with the request will not know the lines I have been spun! 4) Is there anything I can do, I have now handed my notice in but this is only the short version of the story I have been put through so much embarrassment and anguish (I have even had personal remarks about me made by "Joe") I feel like I can’t let this lie.
  24. Hi, I've been given an employment tribunal hearing date. I got sacked in July and have been trying to have an appeal through work. We had one hearing that was aborted after a few minutes due to circumstances that called the managing director away. That was in Aug. The whole thing has caused me to lose sleep and weight on top of lost earnings and a damaged reputation. I am on trade union rep number three because one got seconded then my employer made a complaint against the second, all of which has delayed things further. I am due to start a temp job soon and will have limited availability. I certainly do not want to be taking time off. My new union rep has no fight and thinks I will lose the appeal and the tribunal (which for some reason she thinks propbably won't even happen) and won't help me gather evidence such as witness statements. I feel I can not represent my case properly without these, but to interview people myself would surely undermine the statements, what with my bias etc. This rep is pushing me to go to the appeal just to "exhaust all internal options" before going to the ET, the sense of which I can see. I find the managing director who is to hear the appeal a bully and he has done lots to make difficulties for me, such as the trumped up complaint againts rep number two. He didn't get round to trying to rearrange the appeal or answering some other queries until the letter informing him of the ET landed on him. To try and cut it short, I feel work have had long enough to sort this out and I would like to just get on with the ET and my new temp work without the stress of an appeal through work, which I feel won't be properly done anyway because of my employer's nature and my rep's unhelpfulness. ACAS are now also involved and trying to help sort things out to aviod the ET, which I am very in favour of in principle. Would it count against me if I do not do the appeal hearing my work is now trying to arrange, given that I have attended one (the one that got cancelled) and then tried for months to get a new date, which surely shows a willingness to co-operate? I am also showing willingness to get things sorted through ACAS, I have just no faith in getting justice through my union or my work and want to concentrate on my new job. Sorry this has ended up a bit wordy. Any advice/ questions welcome please. Thanks
  25. I wonder if anyone had any thoughts on the following: When employed, I raised some serious matters with my employers in regard to contraventions of data protection, regulatory breaches and potential fraud. Over many months, they ignored theses issues and ....then called me to a disciplinary meeting. I was not suspended at this point and continued to work - despite the fact that they alleged 9 counts of potential gross misconduct. I immediately raised a grievance and at the same time took my complaints to the regulators - they are still investigating the issues. The Grievance was lodged in November 2009 - and has only just been concluded ... with 'nothing to uphold' in their view! Meantime, I was made redundant in March 2010 - following a 10 day 'consultation' process ... I am now taking this to ET - with Whistle blowing as cause for their actions, coupled with unfair dismissal. The case has been set down for 4 weeks next year - and a part of my case is that my former employers did not follow their own procedures in regard to the whistle blowing - nor did they have a grievance policy in place - and took almost 9 months to conclude this. I have all of the documentation to prove everything I have said - and what they did not do when asked - my paper trail is excellent. The disciplinary action raised against me was suspended until the outcome of the Grievance - but then negated by the Redundancy. How will an ET view this - what chances do I have?
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