Suspended pending investigation thats already happened ?

[mikeyboy197663]

Hi,

 

They probably have more evidence than just a witness statement, you will be able to see this at the ET.

 

You can call her as a witness, but as she does not work for the company anymore good luck in finding her.

 

You would have to disclose her as your witness to your employer before the ET hearing.

 

Regards

[mariefab]

Would i be able to call her as a witness ?

 

Why on earth would you want to call a witness who you know has lied about this both on the phone and in writing?

Do you have reason to believe that she would change her story to your benefit?

[majik]

It's quite clear she would not be my witness, i want to be able to question her in relation to what is in her witness statement, there are things which i believe she would have forgoten which i can prove to help discredit her as a witness.

 

The company have made no referance to anything other than 1 witness statement, If they still have the CCTV i have continually requested then great that will disprove the witness statement hopefully so job done which is why i think they wont ever release it.

 

Shes easy to find, lives about 20 minutes away from me.

[majik]

Would i be able to call her as a witness ?

 

Why on earth would you want to call a witness who you know has lied about this both on the phone and in writing?

Do you have reason to believe that she would change her story to your benefit?

 

No but i have reason to believe that i can prove she has lied, could i not request that shes present instead of the alleged witness statement as i believe should i ever get to see it that it will be factually incorrect and believe that i should be able to prove this.

 

I also feel that should she be called as a witness she may tell the truth due to her being screwed over by the company as in she did not get the promotion she was told she would (allegedly)

Edited January 14, 2010 by majik
forgot part

[mikeyboy197663]

Hi,

 

I would strongly advise against contacting her yourself, it could be seen as aggressive and threatning, due to things in her witness statement.

 

I would definetly not call her as a witness, say if she has not forgotten ? it will make your case a lot worse.

 

Are you representing yourself in the ET ?

 

Regards

[majik]

Yes i will be representing myself or have my OH represent me as i get nervous if im bombarded with things and he is better under pressure etc.

 

I have no intention of contacting her but i know people who she knows etc.

[mikeyboy197663]

Hi,

 

Has she left the company yet ?

 

If she has not the company may persuade her to stay !

 

The witness statement is evidence and will have to be submitted.

 

Regards

[majik]

From what i have been informed she hasn't left yet but is leaving this month, the company have been informed and she is working her notice.

 

She wont stay unless the sack my replacement which would then leave them in more trouble as my replacement would issue ET without a doubt.

[mikeyboy197663]

Hi,

 

I can only advise you to definetly not contact her or even contact her through friends. this could be seen as trying to pervert the course of justice.

 

Regards

[majik]

I have no intention of contacting her as i just told you.

[mikeyboy197663]

Hi,

 

What evidence do you have to prove that she is lying ?

 

Is it concrete proof ?

 

Regards

[mariefab]

Look at it this way; if they have dismissed you for allegation 4 based on the evidence of this one employee then the Company should produce this witness themselves at the Tribunal.

 

If she no longer works for them she could refuse to co-operate or she could say to the Company that she felt they pressured her to say what she did.

 

If the Company fails to provde her as a witness it makes them look bad.

 

However, if you force her to appear then she will continue to lie and back up the Company's 'reasonable belief'.

[mikeyboy197663]

Hi,

 

Totally agree with you mariefab

 

Regards

[mikeyboy197663]

Hi,

 

The best advice is to state nothing but facts and have lots of evidence, do not get personnal.

 

But be very wary, the company have probably had a team of solicitors, staff and management all working on there defence, so they will be very well prepared.

 

Just make sure that you are as well.

 

Regards

[majik]

Hi,

 

What evidence do you have to prove that she is lying ?

 

Is it concrete proof ?

 

Regards

 

Its enough to provide doubt if not prove shes lied.

[majik]

Look at it this way; if they have dismissed you for allegation 4 based on the evidence of this one employee then the Company should produce this witness themselves at the Tribunal.

 

If she no longer works for them she could refuse to co-operate or she could say to the Company that she felt they pressured her to say what she did.

 

If the Company fails to provde her as a witness it makes them look bad.

 

However, if you force her to appear then she will continue to lie and back up the Company's 'reasonable belief'.

 

Thats what im hoping for, im hoping they call her as a witness and she either refuses or once i have seen the witness statement can prove she has lied etc.

[majik]

Hi,

 

The best advice is to state nothing but facts and have lots of evidence, do not get personnal.

 

But be very wary, the company have probably had a team of solicitors, staff and management all working on there defence, so they will be very well prepared.

 

Just make sure that you are as well.

 

Regards

 

My defense will be 100% factual and also if the witness statement reads like i think it does i can pull it to pieces and ask why x wasn't done and why company procedure wasn't followed and i hopefully can argue that things weren't done because it didn't happen how witness statement states etc.

 

Hopefully this week or next i will get the defense/ET3 and can go from there, ET have advised me to give other side 7 days to release evidence i need and if they dont to apply for court order making them release it. Would the judge look badly on me for taking that route ? i dont wanna make myself look bad but i also need to make sure i have all evidence needed to defend myself and to clear my name.

[elpulpo]

If you get the opportunity before the hearing Majik, I'd strongly recommend that you take a day or two and visit your local ET. Sit in on a few hearings. If you ask the ET, they should let you know when a similar case to you own (ie. unfair dismissal) is to be heard.

It often helps to give you some perspective as to how hearings run.

[majik]

If you get the opportunity before the hearing Majik, I'd strongly recommend that you take a day or two and visit your local ET. Sit in on a few hearings. If you ask the ET, they should let you know when a similar case to you own (ie. unfair dismissal) is to be heard.

It often helps to give you some perspective as to how hearings run.

 

My OH is intending too, as we do not have their defense as of yet i think the ET will be a while off.

 

Does anyone know if OH will be able to represent me ? i just dont wanna do it myself, i know i will feel under pressure and will make a silly mistake or something like that.

 

Do i have to fill in a form or anything giving OH permission to represent me ? Hes not legal or anything just someone that can hadles a bit of pressure lol.

[mikeyboy197663]

Hi,

 

when did you tell the company you was taking them to ET ?

 

Was it after the appeal hearing ?

 

Have you asked the company for any compensation prior to the appeal hearing ?

 

Regards

[majik]

Hi,

 

when did you tell the company you was taking them to ET ?

 

Was it after the appeal hearing ?

 

Have you asked the company for any compensation prior to the appeal hearing ?

 

Regards

 

I was asked at the appeal meeting what i wanted, i informed them that i wanted my notice period and loss of earning (a few weeks)

 

I informed that at the appeal that i was aware i was able to take it to ET if needed, just after the above was asked.

 

I have informed the company that i am open to offers in relation to the above request and was told they were not prepared to enter into any negoiations with me in regards to this matter.

[mikeyboy197663]

Hi,

 

so you definetly did not say you was going or thinking about ET actions before appeal hearing either verbally or in writing ?

 

By saying you are open to offers, implies that you are only seeking a financial settlement ? is this true ?

 

Regards

[majik]

No it doesn't i was advised my OH union to state im open to offers in order to minimise the overall cost that may be involved for the company.

 

The monetry value of my claim is very small in all honesty and if i win the full amount claimed it would still not put me back into the same position as i was before i was dismissed.

 

The dismissal has made me very ill and im still not 100%

[mikeyboy197663]

Hi,

 

so you definetly did not say you was going or thinking about ET actions before appeal hearing either verbally or in writing ?

 

If you have this could be very damaging, as it shows you had no intention of following the procedures of the appeal.

 

Regards

[majik]

Not that i remember

 

I also have it in writting from the company that telephone calls do not count as proof which i found very interesting considering i was dismissed based on a telephone call lol.