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  1. I have been told by ACAS that I have three claims - unfair dismissal, wrongful dismissal and discrimination. This was also backed up by a law clinic. I was told to complete the ET1, however, I am confused. I am unsure how I would put these three claims in the form? Any advice would be welcome.
  2. Disability discrimination claim. The Respondent is producing the bundle. I have sent them my index of documents with each document very efficiently named and dated for clarity, relevancy and easy navigation. The Respondent completely renamed all of my documents within the index to make themselves sound good and to make my documents difficult to find seem extremely confusing, sound irrelevant and also to contain repetitive document names for less clarity and greater confusion. Some of the names of documents they’ve renamed do not reflect the contents of the documents in any way whatsoever and even I can’t navigate between the documents due to misleading names in the index – it will be even worse for the judge who will not be as familiar with my documents as I am. The Respondent also changed some of the dates, merged separate unrelated documents to reduce impact and deliberately put them in an incorrect order, which does not accurately reflect events. For instance, if I quickly need to find my x-ray taken at A&E I would not be able to do so with the way they altered the bundle as the Respondent merged my x-ray with a different document and this particular x-ray is not even listed on the Index of documents. This is wrong. You would really have to hop around the bundle. Most important documents have been put to the back of the bundle, some have been removed. The Respondent went out of their way to make it impossible to get to my documents while left their own very well named and easy to navigate between. The Respondent even renamed documents to make themselves look good and the Claimant look bad. They even changed words like “Medicines” to “Drugs”. The Respondent totally skewed it. Is the Respondent allowed to rename the documents listed in the Index of Documents I submitted and make such changes for deliberate misrepresentation? Also, is the Respondent allowed to remove documents? The Respondent has missed the deadline for the bundle by several weeks now, added additional documents as to what was on their list of documents and also presented the bundle to me (Claimant) by email (in digital form). Can they do this? – The order says it has to be binded. Any advice would be greatly appreciated. Best regards x
  3. Hi, Just need some advice please. I submitted my ET1 in December 2013 following advice (from a union rep - I am no longer with them) that the deadline was approaching and I must submit my claim by xx to be accepted. I was still very unwell at the time and was not in a position to file it properly but still submitted what I was able to write up. In my statement I missed out many things and the various allegations I was bringing. It was also during Christmas so I was unlikely to get any help at the time. I was at the time of filing my claim a self litigant with no legal training. I have recently hired a solicitor to represent me. My fee remission went through in late April 2014 and shortly thereafter I received confirmation my claim had been accepted. Immediately (and upon some further reading) I became aware I may have not filled in the form correctly. After some communication with the tribunal I was advised by a judge to bring the matter up at my preliminary hearing. I attempted to do so, however, I was unable to particularise my claims so was unable to amend my claim. Having spoken to my solicitor we are now aware that many things of importance, which are crucial to my case, were left out. We are considering to start the claim 'fresh' again, the ET1 (including the amendments) but he has advised it is up to the tribunal whether they grant permission for me to do and being fair to the other party. He is concerned about the length of time between filing my claim and some of the incidents are time barred. We would need to appeal this if necessary. I have plenty medical evidence to support the fact I was ill and that even if I was able to file a claim, it was unlikely I would have been able to continue due to my intermittent poor health. I did try, a number of times, from different sources (from January 2014 to September 2014) to get free legal support to no avail. Given some of my disabilities it has been very difficult for many of these same supporting companies to understand me proper. We have not yet disclosed documents etc with the other party. Can anyone please advise how I can go about getting my application granted for a fresh new ET1 (including the amendments)? Things like: What to say, What arguments to use, Opposing counter arguments... I will most grateful for any help in this matter.
  4. Dear all, I am currently filling in my ET1 form which needs to be done in next week - ahhhh the stress of it!! My case is very long but involves disability discrimination - stress anxiety and bullying and migraines and constructive unfair dismissal (last straw) and breaches of contract and failure to follow grievance procedures etc etc How do I word this on the form? - do I just say I was discriminated at each of the points I feel I was even though some are back in time although all part of same Sorry for the lack of detail but too long to explain all. Also ref teachers pay and failure to give a pay rise for five years even though in contract is a breach of contract but how would this be worded? Thanks for any advice.
  5. Hi I have a question in 2 parts hope you can help? I have written a Grievance Letter to Employer, relating to a Sex Discrimination (Maternity) issue, as well as a second letter asking why I was suspended (no grounds given I was just escorted from the building), received no reply in more than a month, just sat at home Then chased it asking for communication.. received a 2 line reply saying lawyers would contact me but that the employer would reply in their own time First part: How long should I wait for a reply from my employer before it is reasonable to complete and submit an ET1 after issuing the initial Grievance Letter? and What is the deadline for completing and submitting the ET1 - is it 3 months minus one day after I issued the Grievance Letter? Second part: If my Holiday and Maternity Leave (that should be received, not clear whether the employer intends to pay them) fall within the window, would I still be expected to comply with Grievance procedures and attend Grievance meetings during Holiday / Maternity times, or would the deadline for submitting the ET1 be extended and those things taken out of the time equation? I hope these questions make sense. I am concerned about there being a 'time out' on my ability to take my employer to a Tribunal.
  6. Hey , I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim. So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for? What can i do Carl
  7. Hi, I was hoping that some one could point me in the right direct for seeing any examples of ET1 forms that have been completed or help in how to start them? I need to complete the form by the 29th which is when the charging dead line kicks in, if I can complete it before then and ask for a stay from the tribunal this should save me a lot of money as my employer have been deliberately delaying my grievance (ignored first request, lost 2nd one! and after promising to get the 3rd request cleared by end of June have failed to do so and I have still not been able to appeal as i have not had a formal notice of the completion of the 3rd one!) I am looking to put in a claim for Disability Discrimination, failure of Duty of care, Constructive dismissal (I have not yet handed in my notice but I intend to as I feel that the trust with my employer has totally gone and can not see how I can work for them again, I am currently on the sick and my pay is about to be reduced to half pay). Injury to feelings,actual Personal Injury (I think this needs to go via court). Thank you in advance
  8. Hello all. I'm new here and looking for some advice please. I am going to have a few questions I expect but to start off, here are a couple. I am just filling out my ET1. I have been dismissed for medical inefficiency and am claiming sex discrimination as my main reason for unfair dismissal. I intend to post a full description of my case at some point over lunch but I just wanted to see if I could get a couple of quick answers please. At the stage of filling out the ET1, how much detail do I need to go into with regards to my ex employer not following policy? The thing is, there are loads of examples of them treating me differently to the mandatory policy and therefore I don't know at this stage whether I should be detailing each one or just stating that they haven't followed it. Also, as my three month less a day date is next week I am looking to submit my form this afternoon if possible to avoid the fee. I have yet to hear the result of my appeal which was held three weeks ago, but I am almost 100% sure that they are going to uphold the original decision to dismiss me. How easy is it to retract an ET1? I think that my ex employer is delaying letting me know the outcome in an attempt to make me miss the deadline and so I am worried about it creeping closer. I can see no other reason for it to take them this long to tell me the outcome and they have fobbed me off every time I have phoned them. Thank you for taking the time to look through this, I would be so grateful for any replies.
  9. Last date for submitting online ET1 form for tribunal claims is Friday 4pm. saw this on justice gov uk site. From Monday you have to pay to pay some £300 fees for submitting the form as well as some £950 for hearing. Right now it is all free. New form ET1 A revised ET1 claim form will be introduced on Monday 29 July 2013. From that date, the new claim form should be used to present a claim. Please note: The online submission service will no longer be able to accept claims from 4pm on Friday 26 July 2013. The new online submission service, with the new ET1 form, will be available from Monday 29 July. Further information. See http://www.justice.gov.uk/forms/hmcts/employment
  10. Hi All, I was dismissed on grounds of gross misconduct on 30th November 2012. There were two reasons for this dismissal outlined in my dismissal letter:- 1, That i instructed, either directly or by "inference or omission", someone who reports to me to to falsify company documentation. 2, That I failed to correctly hand over information relevant to the issue above and in doing so failed to follow the company Quality and Health & Safety Procedures. The incident was investigated independently (internal, different department) where the two issues were highlighted and disciplinary action recommended. There were a number of mitigating factors highlighted and as such the requirement for disciplinary action was to be based on a balance of probabilities, i.e. was this intentional fraud and an attempt to cover it up. There are a number of issues surrounding the investigation and disciplinary process that did not follow the company procedures: - 1, The Company Disciplinary Procedure states that any disciplinary action will be proceeded by a full and prompt investigation. The incident occurred on the night shift of 30th of September yet, although it was immediately apparent, was not investigated until 24th October. When the investigation took place it failed to interview all the people that could have clarified the first point. 2, The charge of breaching Quality and H&S procedure could be levelled at nearly any mistake but if this was sufficiently serious there are reporting procedures for reporting both Quality and H&S failures. No such reports were raised as, at the time, nobody saw this as that significant. At my first disciplinary hearing on 13th Nov it was not made clear to me exactly at what level I was being disciplined i.e. there was not a statement saying "you did X and Y and this constitutes gross misconduct". This is important as this hearing went on for over three hours and was more of a fishing/muck spreading exercise. In the last 15 minutes I was shown a set of notes claiming to be notes of two conversations me and my manager had on the 5th & 15th of October (also failure of procedure not to disclose before hand). These notes contradicted my recollection of events and, on the surface, appeared to cast doubt on my truthfulness. This hearing was suspended, as was I, until the meeting was reconvened on 27th November. The second hearing was relatively brief and added little to the matter. I was informed in writing that I was to be summarily dismissed on the grounds of gross misconduct effective immediately, I appealed this decision on the 21st of December and I was informed in writing on the 7th of Jan 2013 that the appeal was not upheld. In their response the company agreed that there was no evidence that I had intentionally instructed the falsification of documentation. They withdrew the notes of 5th and 15 of October as I had shown them to be either poor reflections or in fact fictions. They withdrew claims that testimony supported their case when it did no such thing. Instead they have liberally sprinkled the word Neglect around and are stating now that the reasons for my dismissal are unchanged. They are basically saying that through neglect I caused the falsification of company documents by inference or omission. There are many mitigating factors surrounding the initial mistakes which I have not had an opportunity to defend. On paper this incident looks serious to those not experienced in my field but in reality there were no consequences and could have been no consequences because of these errors. There is a general level of shock and outrage amongst my former colleagues that this has happened. I could go on all day, but thanks for reading and ANY advice is greatly appreciated. Damion Edit, sorry I have the full account in a word document which is currently at ten pages and getting longer, I'm trying to condense this down a little for the ET1 and clarify reasons that will appeal to a tribunal.
  11. Hello, I have had considerable trouble submitting my ET1 form for unfair dissmissal. Initially I try to complete the PDF online form as advised by the Citizens Advice Bureau. I use a apple computer and could not fill in the fields. I was told by the 0845 help line that this was an issue with apple and the browser. I then went to an internet cafe to use a PC. I filled the form and pressed the submit button. I received no confirmation on screen. The next day I tried to call the East London Employment Tribunal office but could not get an answer and I tried several times. I then tried calling the central london et and spoke to a man there. They had no record of my ET1 form. He advised me that I should fill out the PDF and save it to my computer and then email it to east london as an attachment. He then dictated the email address londoneastet[at]hmcts.gsi.gov.uk he then changed it to eastlondonet[at]hmcts.gsi.gov.uk, I went through the address with him twice as he seemed unsure the first time. Some time elapsed befoer I submitted my ET1 as I had the chance to see a lawyer and refine it. I then sent my completed ET1 form attached to an email on the 19th May 2013 11:23am. However I did not receive confirmation again and it turns out that I was given an incorrect address for the East london ET which is actually eastlondon[at]hmcts.gsi.gov.uk so there is no 'et' at all in the address which is the only office on the contact list I have found that does not use the 'et'. I called the east london office on the 3rd June 2013 and spoke to a lady who informed me they had not received my form. she said send it again , so I forwarded it to them so as they would see the original date that it was sent and immediately got a confirmation back that they had at least received the email, this was on the 3rd and my last day of the 3 month and 1 day period was the 27 may 2013, which I was well aware of. I phoned the central office and asked for the east london office email and sure enough they gave me the wrong one again. They have set me a tribunal date and given me a case number. I am still very anxious that the company I am claiming against can say that I was out of time even know I initially sent the form on the 19th May 2013. Should I be worried about this? I feel I have been let down a bit by the ET people and the anxiety comes from not really knowing how this specific situation plays out especially as I have spent a considerable effort getting my case together. Any advice would be most appreciated as I am having to fight this case myself. Please note I have had to change the @ symbol for [at] as the email addresses are purely to outline what went wrong and not for use.
  12. I am back for more advice.... Partner was sacked - then offered job back after successful appeal. New terms were imposed which were totally unacceptable, so he didn't return to work there. As former employer owed lots of overtime, holiday and pension (per contract) we have submitted the ET1. The next step is the Remedy. ACAS called partner and said this was to be done net - I had worked out everything gross before that. So, my question is, how do I work out the net amount? Do I take the gross (which is easier to work out) and then assume that tax is charged at 20% and NI at 12%. So for every £100 gross in my numbers I show £68 (100-20-12) on the remedy? Does this mean that the employer takes responsibility for paying the PAYE and NI contributions? I am confused and any help would be gratefully received. Also, I always assumed that ACAS were there to make sure it was all done fairly but the CAB said it is not the case. That they want to clear as many cases as possible before going to court and they might recomend a very low figure just to get it sorted. Is it correct that we don't have to accept ACAS's deal and that we still have the choice of going to court?
  13. My ex employer (LTD company) didn't reply the ET1 neither went to the hearing. The tribunal decided that I was entitled to receive: basic award, compensatory award, outstanding wages, loss of employment rights and 25% ACAS uplift. The hearing was on 06/03, so I am still waiting for the written judgment by post. However, last week I saw in the London Gazette that my ex employer is calling a `Meetings of Creditors` on the 26/03 to appoint a Liquidation Committee. I have 'informal information' that he has stopped trading with the LDT and he is using his solo trading company (same address), while he opens a new LDT. Furthermore, he has a offshore company that is providing `fake invoices` to ensure that no assets are left for the liquidation. Having said that, I would like to know if I have to do anything for the `Meetings of Creditors` on the 26/03 and what is the best approach to get my money. Many thanks
  14. Please help. Age discrimination at recruitment stage. ET Deadline 7th February 2013. I wish to submit ET1 on the 23th January 2013. Events log (this has been edited just in case). I can email real event log and EHR EQA 2010 Questionnaire later if required 1. I found a job advertised on a website on 8th November 2012. (Posting date June 2012). 2. I emailed Company X on 8th November 2012 saying I was interested in the position Y as advertised. 3. I received a phone call on my mobile phone from Mr A (Company X) on 8thNovember 2012. Mr A stated my CV was very good and could I come in for an interview. I said yes for 12th November 2012 4. I went to Company X for interview 12th November 2012 I ask the receptionist that I have come for an interview with Mr A (Company X) about the position Y. She went away and came back a short time later saying did you not get email? I said no. Also I stated that the interview was arranged from a previous phone call. She said he is too busy now and would telephone you later today to book a new interview date. I said ok and left. Received no telephone call that day. 5. I was unaware of email from Mr A Company X sent on 8th November 2012 until after the interview. The email asks me to telephone the Mrs B to arrange a time to come in on 12th November 2012. 6. I emailed Mr A (Company X) on the 12th November 2012 stating that I turned up today as requested for an interview. But the receptionist told me you were too busy and she would telephone later in the day to arrange a new interview date. There was no response from the receptionist that day. Also ask to let me know when you are available to take an interview. 7. I received an email from Mr A(Company X) on the12th November 2012 ,asking why I turned up today for an interview rather telephone for an interview? 8. I replied to email on the 13th November 2012 from Mr A (Company X) on the 12th November 2012. I said: “If you remember you telephone me last week after I emailed you about position Y, I said ok to come in on the 12th November 2012. 9. I telephoned Company X on the 14th November 2012 to rearrange a interview date asked for Mrs B. I told Mrs B that I was telephoning to arrange interview to see Mr A for the position Y. I was told interviews were postponed until the “New Year”. 10. I received email from Mr A (Company X) on Wednesday 14th November 2012. Saying that: “We have postponed interviews until the New Year and we will contact you to arrange an interview also If your circumstances change please advise “. I read this email after I telephoned. 12 I telephoned Company X on the 7th January 2013. Was unable to speak to Mr A 13 I emailed Mr A Company X on the 7th January 2013. Saying: “I would like to know when you are able to redo an interview for the position Y “. 14. Mr A Company X responded via email on 7th January 2013, Saying: ” We have closed the position at the moment due to the new government employment requirements as this requires more expense on the company to comply with their information they needed ”. 15. I applied for new job as advertised on website (Posting date December 2012) from the same company X for the position of Z on the 7th January 2013 via email with attached CV. 16. This was back up with a postal application to Company X (recorded delivery) on the 9th January 2013. 17. Posted EHR EQA 2010 Questionnaire (recorded delivery) to Company X on the 16th January 2013. Key Position Y = 1st job application Position Z = 2nd job application I am using “Tamara Lewis Employment Law an advisers Handbook 9th Edition” as a guide My questions are 1. When doing an ET1 claim (representing myself) Do I call: (a). “Company X” as respondent (b). “I” as claimant In The ET1 section 5 (YourClaim) 2. Do I need to quote the law? (a or b ) (a and b) (a). EQA 2010 s5(1) and (2) (b). EQA 2010 s13(1) and (2) 3. Summary of loss (a) How do I calculate claim value? (MJ statement 2011 ET awards age discrimination shows (a). Range £5k to 100K (b). Average 20K Thanks JD
  15. Hello can anyone help me. I filled in a ET1 in October 2011 for Disability Discrimination and since then reasonable adjustments agreed in August 2011 where not put in place until June 2012 Can I change my ET1 and add reasonable adjustments where not put in place. Also I am claiming for 3rd party discrimination and direct discrimination. The second respondent is trying to get the claim kicked out on time limit rules as the discrimination issues took place 9/06/2012 but after I had put an official grievance in and I was pushing for a full investigation the person stood in front of my desk staring at me and acting in an intimidating way(This person works for a different division of my company).I complained to my managers by email and it was ignored.The person has never been removed from my work place and has even been moved to work with his team onto the floor I work on. Becasue of this and the stress this caused me I have now moved to a different job working for the same company in a different building that has caused a drop in pay. The company is very high profile.. I am due to have a judicial mediation meeting next week and am unsure of what to ask for... Sorry so many questions I just need guidance please..
  16. I have a new claim to the ET which is quite detailed. I require more space than is allowed on the ET1 PDF which submits digitally How does one deal with this?.
  17. Hi, I'm new to this and forums, so forgive me if I've put this in the wrong place. My ET1 was accepted. The employers submitted an ET3. Due to 'an administrative error' (Employment Tribunal's phrase), there has been a very long delay between my being physically attacked by my employers and the submitting of forms by them and the employers. I have literally just received the hearing and due process dates and today I have received a letter from my now ex-employers' solicitors, asking for an unbelieveable amount of information, that I would have to get together by this coming Monday. It would take me more than three days under perfect circumstances, but I am on new medication, from the GP, and have been referred to crisis intervention and a psychiatrist, as well as other health care professionals, as in their words, I am very ill, due to the stress of the attack, incidents leading up to the attack, subsequent court case and continuing intimidation and threats. I am too ill to get this replying information in this time frame. How do I word an email to the Employment Tribunal people, to ask for an extension, to get myself together enough, to answer all these questions? I am also suffering side effects from the medications and clinical depression. Also, I have been asked by the tribunal people to describe my disability (also present at the time of employment) under some kind of regulation rules. Do you know how I do this please? I take about ten medications to maintain my hormone levels, including Metformin as I am pre-diabetic and I am diagnosed with Bipolar Affective Disorder, which is triggered by things like stress, including someone trying to kill me. At some point, I will post a full explanation as to what happened, but I need to first remove the stress of being expected to answer a whole heap of intricately detailed questions by Monday. Thank you for taking time to read this; I hope it makes sense (it's hard to concentrate at the moment) and if anyone answers, I thank you, in advance, for your help. If possible, I think I have to ask for the extension today. C
  18. Hello, I wou1d just like your opinon about withdrawing and re-submitting ET1s. (I did post something similar in my original thread, but no one replied) On or about 14/05/12 an act of discrimnation happened which lead me to raise a grievance. (I did not realize that act of discrimination happened on that date until after I got the grievance investigation results.) On 25/05/12 I raised a grievance. On 12/06/12 I had a grievance meeting On 26/06/12 I filed an ET1 On 12/07/12 I received the results of the grievance investigation. New info came to light. On 22/07/12 I appealed the grievance On 18/08/12 I had my grievance appeal On 31/08/12 I had my CMD On 11/08/12 I received the results of the appeal investigation - some of which contradicts the orginal investigation. New info came to light. If I withdraw my original ET1 and Submit a new one will I be out of time? or is it adviseable to submit a second ET1 with the new information. Thanks, GP
  19. Hi guys, Just wondering if you could help me answer my query: (claims of race discrimination, victimisation and constructive dismissal) When claimant resigns in the middle of appeal investigation to earlier grievance in an act of last straw motion from the authority appealed from, do the remaining discriminating actions of the employer who in the end decides not to uphold appeal (surprise surprise but hey! manages to dig themselves even more) count as acts of disrimination and can be claimed in ET1 or is it all until resignation (apart from discrimination with references, whenever that is the case) that should be put in ET1? (the "post-resignation discrimination" will be evidenced anyway, innit?....another bunch of **** looking for trouble...) Ta. xxx
  20. 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.
  21. 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
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