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Issuing a SAR whilst in the process of tribunal


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Hi

I am at this moment going to a tribunal which has been arranged for a full hearing in a couple of months.

my employers refuse to tell me what investigations they held or findings or even any type of prove they looked into my grievances.

I have also heard from one employee that the director had already devised a statement which they asked the employee to sign. ( directors words not his) this cannot be right. he will be a witness for me also.

 

as well as the above my main question is

can i issue my employers with a SAR for that missing information or any information they have about me even though tribunal proceedings are pending?

 

I realise that my questions are probably quite technical but i realise that there are some very clued up and intelligent people giving advice on these forums..

I am also representing myself in a RRA and a DDA claim which is crazy and massively complicated.

Thanks in advance.

simon

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Hi Simon,

 

It is my understanding that 'Bundles' would have to be exchanged in normal circumstances prior to any hearing at Tribunal. If this does not happen then the chair will probably order this and adjourn until this has happened. You must also prepare papers you will rely on though obviously not everything.

 

In so far as issuing an SAR, I believe you should correspond with the other side and request information. You might also want to ask if they are prepared to negotiate a settlement.

 

I hope this is of some use?

 

I'm sure you will receive other replies.

 

Best of luck!

 

Regards,

 

Paul.

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hi Paul thanks for your quick reply.

 

the problem i have is that a bundle is to be prepared by mid january. but my company has given up their contract ( for the 2nd time in 4 years of problems so this is my 3rd employer without getting an answer)so i am being tupe'd over to another company then it will be the new companies responsibility.

but i am sure it will go against me in the full hearing with the tribunal realising it has nothing to do with the new company.

so the old company gets away scott free for what they have done to me. and the new company will be shown leniency in a serious case.

 

the reason i ask if i can issue a SAR is that the company have for a year refused to disclose anything to me in regards to investigations or findings in fact i have been told that they have devised their own statements of truth. they have been totally avoidant and sometimes rude in their replies as if its my fault, i have really suffered through their ignorance which has been very frustrating and making me more ill. i have just recently been diagnosed has contracting PTSD and now it feels as though my world has ended without any replies. my family are also suffering.

any more help?

thankyou

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yes the new employer will take over responsibility for all outstanding cases so long as you are transfering over?

 

Are the new employer aware of the outstanding case?

 

I assume as you are not a member of a Trade Union as you are dealing with this matter yourself?

 

I know of cases where TUPE transfers have been held up until all outstanding issues have been resolved.

 

Have you considered mediation through someone by ACAS?

 

If your employer refused it could potentially strengthen your case as you are making genuine attempts to resolve this matter.

 

Its difficult to call how a Tribunal will rule on this as it is quite complex. Have you tried consulting a Lawyer or is the cost prohibitive?

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yes the new employer will take over responsibility for all outstanding cases so long as you are transfering over?

 

Are the new employer aware of the outstanding case? I think so, the rep rung me last week and i explained a couple of issues to her and she said that she was aware of it but not the full facts.

 

I assume as you are not a member of a Trade Union as you are dealing with this matter yourself? thats correct.

I know of cases where TUPE transfers have been held up until all outstanding issues have been resolved. i did tell her that i wanted to meet so that we could discuss this asap, how could the TUPE transfer be held up?

 

Have you considered mediation through someone by ACAS? yes i still speak to the ACAS representative who i asked to get back in touch with the employers with a view to a resolution. but he said they were not interested and would only pay me £600 for me to go away. in august they offered me £3000 to go away because they said they didnt want me to go back to work, this is actually quite cheeky has i have lost out on that 10 fold as well as now being told i have PTSD and has ruined my family life.

If your employer refused it could potentially strengthen your case as you are making genuine attempts to resolve this matter. please read above

Its difficult to call how a Tribunal will rule on this as it is quite complex. Have you tried consulting a Lawyer or is the cost prohibitive?yes i have but because of who is involved i think people are reluctant to take this on.

they have already potentially ruined my main witnesses who are now scared for their jobs. i have also tried CFA without much success.

help!!

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The TUPE transfers that were held up because of outstanding issues were in Local authorities and I'm aware of one held up in the NHS because of a faiure to consult, including insufficent notice.I'm also aware of individuals who were not transferred over who were either long term sick or had outstanding disciplinary hearings. (I think they were both on paid suspension.)All of these transfers were from the public to private sectors and had heavy Trade Union(s) involvement.I think it is important that you speak formally to the company taking over and hopefully they will be bring in their own management team which might go some way to resolving your issues.I wish you well.Regards,Paul.

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