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janmal2000

Employment Tribunal - Out of Time Hearing? Desperate Help Needed

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I have issued an Dismissal complaint with my previous employer on 2 grounds:

 

1. Unfair Dismissal.

2. Discrimination against Disibility.

 

The help i need at this moment is:

I have to attend a Preliminary Hearing on 5 Aug. To determine whether my claim was logged with the Employment Tribunal OUTSIDE their designated timescale.

 

In dismissal cases the three month period begins from the date your employment ended.

In discrimination cases or complaints relating to non-payment of wages or holiday pay, the three month period begins when the matter you are complaining about happened.

 

It is a complicated case as I was disputing and appealing the decisions with the company over a long period with them not coming to any resolution. So basically:

I went on holidays and developed DVT, resulting in hospitalisation when away, and complications resulting from treatment given and hospitalisation on return to the UK.

This was Sept 08. I was given 4 weeks doctors Medical Paper off work.

My manager was continually harrasing me to return to work and as a result of a phone conversation in Oct, he said "the area is doing really well without you...." implying, why does the area need me when it is still doing business. I replied "well imagine what it would do with me working!". He splutteres and coughed a bit with my comeback.

I returned to work for 2 days -after having just 2 weeks off - due to this pressure but become very ill and had to take more time off (which was still within the time stated with the doctor 4 week period).

I was still put under immense pressure to work so i returned a second time, manageing only 3 days and again needing more time off work on ill heath. 4 weeks medical certificate issued beginning of Nov 08.

During this time the company car MOT was due to expire. I took it to garage during my absence from work. Despite this the manager come and took the car from me and said it would be returned to me when I return to work, using the notion it needed the MOT!!!

Having had some initial legal advice i was told this was a breach of my contract as it is stated 'the company provides the vehicle for business and personal use' and it had never been taken from my when on holidays etc. So we have another grievence here.

I wrote and stated this was a breach of contract and this is held on my file, but the car was never returned and never resolved.

 

They asked me to attend a disciplinary in London (i live near Cardiff) 25 Nov, giving me just 5 days (2 of which was the weekend, 1 would have been travelling so only 2 working days) notice in which to attend!

I replied i would not attend due to insufficient time to prepare my defence case, especially as i was still ill.

They then sent another letter to attend, again in London, on 1st Dec. I received this letter on 28 Nov!

I replied that i could not attend as i was still not well enough to travel on bus or train to london and as they took the vehicle off me i had no car, and still couldnt travel by car regardless. ( I had DVT!!). I arranged a meeting LOCAL to me, on 11 Dec, giving them over 1 week notice to attend. I also re-instated my grievence about the removal of the car, stated i was never aware of a disciplinary held in May, and requesting all information and records they held against me for my 'poor work performance'. - None of this information was ever received.

 

They held the meeting on 1st Dec in my absence (!) and decided "that i was found guilty of poor work performance and they proposed that my contract of employment be terminated with immediate effect with the provision of one weeks notice from todays date 01/12/08." and gave me 5 days to appeal. I had this letter on 3/12/08 and replied on 04/12/08 with an appeal (and requesting all information i had asked for in my previous letters).

They sent letter dated 15/12/08, holding a formal appeal meeting in LONDON (!) on 12/01/09. stating "provide me with your written submissions the substance of your appeal" !!! and i was still waiting for them to give me what i asked from them over the last 2 months!

 

12/01/09 I replied, again that i was too ill to travel, and again requested a meeting to be held locally to me, and again asked for the information they held on me.

The letter they sent me on 29/01/09 stated "this was the first time i had notified them of my inability to travel"! and "accordingly you have been afforded the opportunity of dealing with this matter"

 

They state their dismissal claims basically on Work Performance (the area sales had INCREASED by 36% during my employment). I have asked them for proof of this non-performance and what they based this on but i have never had any evidence from them.

 

They stated I had already had a disciplinary meeting in May 08 with my manager which is a complete LIE! i did have a meeting with him but that was an area meeting to cover general facts and i was not once, ever told prior, during or after that it was a disciplinary!

 

DATES:

I commenced employement with them on 10/12/07.

Letter off them stating decided at meeting on 01/12/08 that my employment was to be terminated and one week notice was 08/12/08.

I appealed on 04/12/08, and 12/01/09 with no result.

I logged complaint with Employment Tribunal on 09/04/09.

 

 

They refused all mediation attempts.

They are disputing the claim as being out of time, which is the help i need to prepare myself and my claim as to why i filed complaint on 09/04/09.

I asked the ET for more time to assist me with preperation of case etc due to my ongoing ill health etc.

 

I was advised my the mediation service that my claim for unfair dismissal was outside the claim period BUT my claim for desctrimination for illness was inside the claim. I was told that both these issues are two seperate claims? I was advised to go to CAB for advice but have never really found them of much use at really detailed cases.

 

I would be seeking compensation for the loss of the car, loss of salary and my end of year bonus. unless there is anything else i am missing? due to all the stress they caused me and making me ill for much longer than needed i have also had problems getting a new job due to the depression i am suffering.

 

I really need help on this, i am going to log the case files/letters on photobucket etc but this is going to take me some time.

Im sorry the thread is so long but it is a complex issue and i have tried to put as much info on here as possible for you guys to get the story to try to help me.

 

thanks

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just to add in the two meetings i arranged to be held locally to me, they didnt attend or even bother to acknowledge that they would not be attending!

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Guest Old_andrew2018

You could seek advice by sending a PM, to some of the HR Experts who contribute to the forum, please include a link to your thread.

 

Andy

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who are these guys? thanks

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Guest Old_andrew2018

These a few that I am aware of, sidewinder, elche, ell-enn,

 

Andy

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Sorry pal you are out of time and the tribunal will not entertain your claim,not even on the `Just and equitable grounds'.......you`ve had it....

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