Suspended pending investigation thats already happened ?

[mikeyboy197663]

Hi,

 

How do you know what they will and will not be using in the et ?

 

Why do they have to slim down there documents ? surely if they have listed all the documents, then all of those will be used in the et ?

 

Regards

[majik]

The tribunal judge has order that we have to agree a bundle of no more than xx pages. At present the bundle stands at xx + 150 pages so we have to get rid of 150 pages.

 

I dont know what they will be using yet but once a date has been set i will speak to the other side and we need to mutually agree a bundle of xx pages as ordered by the judge.

 

I believe the reason they have listed all these documents is an attempt to overwhelm me and may even be considered as an attempt to get me to withdraw the claim, Around 25 pages that they have listed have no relevance what so ever to the case and were simply put in as "they may be used if we decide we want to take the case a particular way"

 

I am simply binding my time to get a date set, once we have a date i can then start to whittle of the rubbish from their list and i would assume that they will try to do the same to my list etc.

Edited March 23, 2010 by majik

[mikeyboy197663]

Hi,

 

Sounds unusual, i had over 100 pages in my et, and i was never ordered by the judge to reduce this ?

 

Regards

[majik]

Unusual or not the i do not know, this is my first case. The Case Management Order that was given right at the very begining clearly states it must be under xx pages long so thats what im working towards. Each further letter received from the ET also clearly state that the original letter still stands and that only dates have changed etc.

 

I am aware that myself and the other side can jointly request the limit to be changed but i see no reason for this, if they remove the non relevant parts and stick to what was raised in the ET1 and ET3 then the case can easily come in under the number of pages ordered. They appear to me mentioning things that were never addressed in either the Disciplinary or Appeal and also things that were not mentioned in the ET1 and ET3. The reasons for this at present are unknown.

 

While you state you had over 100 pages what were you originally ordered to be under, i believe that the ET judges address this on a case by case basis, also bear in mind that during the Disciplinary and Appeal process no evidence was ever released so no evidence was taken into account when making the decision to dismiss. There is no mention of half the evidence they have now released at any point during the Disciplinary or Appeal process so im not sure how they can convince me or the ET that it is relevant or that it was used to make the decision to dismiss.

[mikeyboy197663]

Hi,

 

You say that no evidence was ever released to you, but in post #7 you say you was shown cctv and screen shots ? this is surely evidence ?

 

you have also been supplied minutes of the meetings, again this is evidence ?

 

also in post 26 you submitted a statement from your oh , this is again evidence ?

 

Regards

[majik]

The CCTV was in relation to allegation 1-3 which are not being discussed at the ET as i was cleared of any wrong doing this is confirmed in my ET1 and other sides ET3. It was not CCTV as such it was screenshots/still images of CCTV but all relating to allegations 1-3.

 

The only thing that will be dicussed at the ET is allegation 4 to which no evidence was released until recently.

 

Statement from OH is evidence but it was not discussed at any point during any meeting, company just stated they didn't believe it and moved on, and also thats on my list not theirs.

 

I had a hand written copy of the minutes from which was unreadable, I have only recently recieved the typed copy. Again the Minutes are not on other sides list of documents but they are on mine.

[mikeyboy197663]

Hi,

 

Was the handwritten notes that were unreadable signed by you ?

 

If they are the company does not have to supply a typed up version.

 

Regards

[majik]

Hi,

 

Was the handwritten notes that were unreadable signed by you ? Yes on the understanding a typed copy would follow which i recieved last month.

 

If they are the company does not have to supply a typed up version.

 

Regards

 

You have already mentioned this before, i have both handwritten and typed minutes from all meetings now.

[mikeyboy197663]

Hi,

 

Sorry if i repeated myself, have you got anything that will surprise the comapny at the et, any new evidence to prove your innocence ?

 

Anything that they cannot argue.

 

Regards

[majik]

I cant have new evidence as everything i will be using has been released to the company.

 

The evidence i have may shock the company, and the line i am taking wil show the company to be incompetant to say the least.

 

TBH the company have done me a massive favour as none of their own evidence is very good/solid, their own evidence is disproved my other parts of their own evidence and each bit of evidence contradicts another piece of evidence of theirs.

 

The witness statements they have provided from staff members do not tie in with the CCTV they provided us with, Staff claim certains things happened and CCTV proves it did not, Other things they claim did not happen CCTV proves it did etc.

[mikeyboy197663]

Hi,

 

Do you have any examples of where the staff say things and the cctv does not tie in ?

 

Is this the alleged code incident ?

 

Regards

[majik]

Yes i have several examples but im not going to go into details about that on an open forum. There is no need to, The camera never lies as they say.

 

The code incident is the only incident outstanding, all other allegations were upheld in my favour at appeal due to insufficient evidence to prove any wrong doing.

[mikeyboy197663]

Hi,

 

Ok? why are they watching ?

 

Regards

[majik]

Who knows ???

 

At this moment in time i have no need to go into detail on a public forum the ins and outs on how i will conduct my case and go into detail as to how the other side will slip up.

 

I have no date for a hearing as of yet, possibly nearer the time if i need further assistance and have to go into detail about certain issues i will but atm there is no need and no hearing planned for quite some time i would imagine.

[mikeyboy197663]

Hi,

 

If they are watching they can use everything in this blog as evidence, be carefull that you only state facts and dont give anything away.

 

Regards

[majik]

I already have a list of what they are intending to use.

 

I have only stated facts and facts that i can prove 100%, the company on the other hand have bent the thruth to fit their version of events and by doing so have contradicted their some of their own evidence.

[mikeyboy197663]

Hi,

 

Have you heard anything about a date yet ?

 

Hows the evidence gathering going ?

 

Regards

[majik]

Hi

 

Still no date as of yet, as i said before i would imagine it will take time etc, i will chase tribunal next month if i still haven't heard anything by then.

 

There is no evidence gathering to do, as i have already stated we exchanged a list of documents we are going to use last month or even the month before so nothing new can be added, we have a list that we can use and if anything we need to slim this down and not add to it.

[mikeyboy197663]

Hi,

 

im surprised that the company have not requested for the date to be within the next month, as they will want to get it over and done with asap, as it is costing them time and money.

 

Regards

[majik]

Thats for them to to decide, i would have thought that they have already paid more in costs than what the claim is for.

Why would they want it in the next month ? i wouldn't have thought they can dictate when they have the case, If the court was available then it would have been scheduled by now, that fact it hasn't means either they are requesting delays or the court is busy surely ?

 

It would be nice for it to be over ASAP but this has been ongoing for a while so a little longer makes no differance to me, I know what they have got and what they want to use and nowhere does it show any wrong doing apart from the company not following there own procedures and there own evidence contradicts other evidence they want to use.

 

I will find out soon enough when the case will begin and once we have a date i can discuss what is and is not going into the court bundle as atm we have far too much according to the orders given by the judge.

Edited April 5, 2010 by majik

[mikeyboy197663]

Hi,

 

Have you heard anything yet concerning et dates ?

 

Regards

[majik]

Hi

 

Compromise agreed made with non disclosure so i can now confirmed case settled.

[honeybee13]

Hi majik. I hope you got the outcome you wanted. Are you able to tell us any more?

 

HB

[majik]

Hi

 

Can't go into detail but yes im very happy with the outcome and feel i got a better deal than i would have if it had gone to hearing etc.

 

It has also saved a lot of stress etc and i would have no doubt started to worry about the hearing the nearer it got.

[mikeyboy197663]

Hi,

 

What was the outcome ?

 

did they drop the case or did they settle financially ?

 

Regards