somewhat complex problem..contracts/overtime....Legal stuff **WON**

[k13 wjd]

i know what you are saying....but i cant go into court and say " they're not allowed to do that"

 

their lawyer will have me for dinner !!!!

[k13 wjd]

he was though......he damaged the car in work time, and was asked to pay for the repair, in order to retain his job.

 

Guess it won't hurt will it - at least it will show the ET that this employer has a habit of charging people.

[cynic09]

Exactly how you should respond to an objection to it. It shows previous history, ie yours isn't an isolated case.

What does your employer think he pays public liability insurance for? Stuff happens

[cynic09]

Of course you can, and it is entirely right that you should.

The employments rights act 1996 is the thing to look up. It definitely says deductions other than those permitted by statute (tax, ni and court orders) cannot be made unless there is provision in your contract.

The retail clause limits deductions to 10% of gross salary unless it's your final pay.

Lawyers merely argue the law, they are still bound by it

[cynic09]

Employment Rights Act 1996 (c. 18)

 

sections 1 and 13 your after

[k13 wjd]

Nice one - i'll be sure to include it in my evidence pack.......

 

still not even sure what to expect - never been to ET before, and can't get to one before my hearing !

[cynic09]

A desk each, with three folk sitting in front of you at a better desk, if its a full tribunal.

In some cases the chairman sits alone at the posh desk. nowhere near as intimidating as a court room.

Remember to address the chair at all times.

The chairman will be as helpful as the law permits

[k13 wjd]

should i call him "guv"

 

or is there a better term for him- i presume that he's not actaully a judge, so "your honour" isnt needed......

[cynic09]

Mr or madam chairman is customary

[k13 wjd]

Mr Chairman - Glad you told me that.....

 

when i am cross examined, can i object to a question - or indeed can the R object to my questions....

 

To be honest, i don't think i'll need to ask many questions - but im guessing his lawyer will want to ask me a few.....

[elpulpo]

Sir or Madam, in my experience. Or just 'love', if you're in Leeds.

 

I think you can object to a question, if you have reasonable grounds for doing so- not just because you don't like the question!

In my experience (which is limited to one hearing), the Chairperson tends to object on your behalf - in fact they objected on the respondants behalf to pretty much every question I tried to ask!

Again, if ya can possibly squeeze in a visit to ET before the big day, it'll pay dividends.

[elpulpo]

Have a look at Employment Tribunal Claims: Tactics and Precedents lots of practical advice there.

[k13 wjd]

so they objected to YOUR questions directed at the respondant - i.e you were the claimant ??

[cynic09]

I'd say you have quite a few questions to ask.

Where in your contract does it require you to compensate your employer for one

[elpulpo]

Admittedly, I was very nervous and ill prepared. I tried asking questions in a form that wasn't legitimate, refering to documents they weren't even party to, the chairman (he was a professor yaffle type with his half-moon glasses on the end of his nose), got a bit snappy with me and exclaimed, 'No,no,no! You can't ask that!' without really explaining why.

I was young and innocent. Sure I'd do better now.

[monkeychicken]

I cannot see the logic of needing to be an employee to be a witness to an incident. A witness is a witness, whether they are employed or not. If they can clarify or confirm a relevant matter, a court (or tribunal) will hear them. R cannot object on those grounds, and would be silly to do so, as theyll look like trying to suppress evidence.

[monkeychicken]

In my experience lawyers are not to be feared, especially if youre in the right!

[k13 wjd]

FYI - ive just found a 3rd ex employee - who is coming over to do a statement for me 2morrow - he was forced to pay over £750 after a little accident - he has a wage slip clearly showing the deduction from his wages and is willing to give me a copy of it !!!!

[k13 wjd]

FYI - ive just found a 3rd ex employee - who is coming over to do a statement for me 2morrow - he was forced to pay over £750 after a little accident - he has a wage slip clearly showing the deduction from his wages and is willing to give me a copy of it !!!!

[cynic09]

Monkey. The logic in the objection is that an ex employee cant have witnessed events in the workplace that took place after he became EX.

Hence the justification is he can testify to prior events of the same nature;)

K13 I'd suggest your two collegues pursue getting thier money back

[mariefab]

Just noticed that you posted this earlier in this thread.

 

ive now been advised by acas concil. that the R now has a representitive, and is planning to contest the audio evidence, stating that they did not know the conversation was being recorded.

 

Please check the letter you received from the tribunal informing you of your hearing date in January.

Does it say anything about a Case Management discussion, a Pre-Hearing review or anything else along those lines?

 

The purpose of this hearing may be to decide whether to allow your recorded evidence to be used at a later hearing.

This would explain why you haven't had the document disclosure or witness statements stages yet.

[k13 wjd]

Ok, so, T minus 5 days.

 

What do i need?? 6 copies of everything right??? does that include one for me to read from ??

 

I'll be reading from a pre-written text for the most of it - So i get all my fact across clearly....Am i correct in thinking the R's lawyer will want to question me ???? Whats the best way to answer his questions ?

[elpulpo]

Did you have a look at Employment Tribunal Claims: Tactics and Precedents ?

I think that's a goldmine of practical information.

[k13 wjd]

Just finished my SOL - net figure is 6.8K - Hopefully the ET will see my side of the story as genuine !!!

 

Hoping to pull my documents together.....anyone know anything about DPA ??

 

I did a subject access request a while back....am i correct in thinking that they can't bring a document to court which wasnt included in my Data Protection stuff - As that would show they didnt complete the subject access request, or should i say " with-held Data "

[k13 wjd]

anyone know which section of the Emp. rights act deals with wages being witheld ?