Suspended pending investigation thats already happened ?

[majik]

Case is going well,

 

I have most of the evidence now and the companies "alleged evidence" actually proves OH version of events and the "witness statement" doesn't actually contain anything relating to the "alleged" incident at all.

There is no mention of OH asking for a pin code at all despite the fact that you can see staff member access a account to get access code.

 

Just waiting for a date to be set and then can go from there, we have exchanged lists of documents we want to use and there is nothing in the companies that make sense, each bit they are hoping to use has been contradicted by another bit they want to use.

[mikeyboy197663]

Hi,

 

Was just wondering if your case has been set a date yet ?

 

I have managed to get the car sales company to repair my car, i was very shocked lol

 

Was there any surprises in there evidence pack ?

 

Regards

[majik]

No Date yet

 

No surprises except for the fact that the "witness statements" do not match the CCTV. They claim events happened when CCTV shows it didn't and the CCTV does in fact prove OH version of events lol.

 

Just a waiting game for now but now i have got hold of the evidence it really does prove they have no case lol.

[mikeyboy197663]

Hi,

 

What is damning on the cctv ?

 

I am very surprised that they have disclosed this to you, do they realise it wmight blow there case ?

 

Regards

[majik]

I got a court order forcing them to release it, they didn't release it through choice and now i have it i can see why they didnt want to release it lol.

 

CCTV shows OH version of events and proves "witness statement" from staff member is incorrect as it does not tally in with the CCTV.

 

Weather this is delibrately incorrect or just a mistake i do not know but the written statement does not match the CCTV and the evidence provided by one staff member seems to conflict with other evidence provided by another staff member which then conflicts with another staff member. Which makes it hard to know what the company believe happened as it is certainly not clear from the evidence they have provided.

 

The only thing that is clear is that the CCTV does match OH version of events almost perfectly.

[mikeyboy197663]

Hi,

 

As your cctv evidence is so conclusive, have you approached the company and asked for a settlement out of court ?

 

if you have what did they say ?

 

it will save all the stress of going to et.

 

Regards

[majik]

The company have asked what i am looking for and they are also well aware that i am perfectly happy to settle before the hearing.

 

I believe that ACAS is also trying to settle the case before the hearing so i will leave that for them to sort out, they know what i want and to the best of my knowledge the company have point blank refused to talk so who knows.

[mikeyboy197663]

Hi,

 

As per your previous posts have they now settled the county court claim ?

 

Or is this still ongoing ?

 

Regards

[majik]

County Court case was settled in full a few weeks ago now so its just the ET to deal with now.

[mikeyboy197663]

Hi,

 

Did you manage to get all your costs refunded ?

 

this bodes well for your et

 

Regards

[majik]

OH got all his costs back and compensation as well.

 

Wont ake much differance to ET though i wouldn't have thought.

[mikeyboy197663]

Hi,

 

Wont make much difference to the et unless they directly relate to each other, what was the exact nature of the court case again.

 

well done you for getting compensation, shows they were in the wrong from day one, perhaps they may be wrong in the et ?

 

go ahead and book that well earned holiday now. lol

 

Regards

[majik]

They admitted they were wrong about the County Court case ages ago lol.

 

It was about Data Protection issues and non compliance etc.

 

The evidence for the ET also shows they were in the wrong and that the right hand didn't know what the left was doing which is why the staff's evidence seems to conflict etc.

 

OH is going skydiving with the compensation lol, rather him than me.

[mikeyboy197663]

Hi,

 

as per post 259, how is the investigation by the ico getting on ?

 

Have they fully investigated the company yet.

 

did you win this as well?

 

if you did this bodes very well for your et, it shows that they are very unprepared.

 

Regards

[majik]

ICO were investigating company for OH so i haven't really been involved in that to be honest.

 

I would guess that as they paid out for County Court etc then the ICO have either told them thay have breached the Data Protection Act or something along thoses lines.

 

I am not really interested in the ICO case tbh that was more OH.

[mikeyboy197663]

Hi,

 

Was just curious to see if they are failing in everything, would be very good news if the ico found them guilty as well as the county court, this could be mentioned in the et, would show the company has consistently failed to meet the standards expected of them.

 

But on the other hand would be very bad if the ico voted in ther companies favor, as they would definetly raise this in the et.

 

Regards

[majik]

I wouldn't have thought the company would want anything from the ICO in the ET.

 

It is not really directly related to the ET and as they may paid out to OH i would imagine it would be loked upon in my favour anyway however as i said it's not part of the ET as far as im aware.

[mikeyboy197663]

Hi,

 

just a bit of friendly advice,

 

you will need to know your case inside and out, even though your oh is representing you the et will expect you to know all the facts and angles to do with your own et case.

 

you have to be well prepared as im sure the company will question you, and saying "as far as im aware" will not go down well with the et judge.

 

Regards

[majik]

Hi,

 

just a bit of friendly advice,

 

you will need to know your case inside and out, even though your oh is representing you the et will expect you to know all the facts and angles to do with your own et case.

 

you have to be well prepared as im sure the company will question you, and saying "as far as im aware" will not go down well with the et judge.

 

Regards

 

I do know my case inside and out, ICO/County Court has had nothing at all to do with me and is not directly related to the events being discussed at the ET so i very much doubt they will mention this at all, especially as they have paid out for the County Court case presumably due to them being in the wrong.

 

I will know the ins and out of OH stuff nearer the time as/when and if its needed, atm we have no date for hearing so there is no need to know it yet plus as i said i do not think the ICO have completed the case, i know they wrote to say they agreed with OH that it appeared that the company have been non compliant with the Data Protection Act and that they would investigate however i do not think we have the final decision as of yet.

[mikeyboy197663]

Hi,

 

Was just wondering if you had heard back from the ico yet ?

 

Have you received your dates for the et ?

 

Regards

[majik]

Yeah, ICO agreed fully with OH and found against the company, Not sure what they do now though i guess fine them or something along those lines.

 

Still no date yet for ET, I guess what with all the redundancies and that the ET are pretty busy, its just the waiting game now and i think the longer it goes on the more chance the other side trying to settle etc as i would imagine its not cheap for them really.

[honeybee13]

Hi majik. Well, that sounds like a step in the right direction. Fingers crossed and please keep us posted.

 

HB

[majik]

Hopefully so Honeybee

 

Just the waiting game now as to dates etc and exchanging documents just before the ET.

[mikeyboy197663]

Hi,

 

Glad to hear that you have won the county court claim and the information commisioners office complaint, now just the et to go.

 

Have they not supplied you all there documents yet that they intend to use at the et ?

 

Regards

[majik]

I have a list, a very long list and everything they are going to use is on it but i also have loads of documents that they wont be using etc.

 

Basically they have to slim down there list of documents as they have masses of paperwork atm and we will only use around 1/4 of it.

 

I dont have some witness statements but i wont get those until 21 days before the hearing date which as of yet hasn't been set.

 

I have everything i need to draft a strong defence but it would be helpful if i know what they would be using as opposed to what they might be using.