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Disciplinary Hearing Next Week - please help!!


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Well, to make a claim, either in the ET or civil court, you would have to show there was some tangible loss caused by the employers actions.

With regard to references, for example - unfortunately the former employer isn't actually obliged to give a reference. You'd only perhaps have a claim if he said something bad which wasn't valid and that then was to OH's detriment.

I understand that having to give 3 months notice makes it difficult to find alternative employment, but if it wasn't challenged when it was proposed, it's likely to stand.

ET's and Civil Courts are about money not principles, at the end of the day. If you start trying to drag a case through an ET just to prove a point, there's a chance you could end up with costs awarded against you.

 

I've been in the same position. You want to clear your name.

Bear in mind though, not many prospective employers respond favourably if they find out you've taken a former employer to ET, regardless of how valid or neccessary it was to do so.

 

I wish I could say something more positive.

 

I do feel for you. I'm an out of work Chef myself. I had to resign from a job in September to care for my parents. I recently was offered a position, subject to references. I approached my last 2 previous employers, asking if they'd be referees - they both agreed. The reference questionnaire was sent to them by my prospective employer at the beginning of last week, and now, as neither of them have bothered to complete and return it, the job has fallen through.

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What exactly is your OH's arrangement with ACAS?

Has he received any documentation from them at all?

 

If you haven't heard from ACAS for 7 weeks I would suggest that perhaps your OH's ex-employer is either not answering ACAS or is stringing them along and delaying things until 13th January passes (after which you will not be able to make any kind of Employment Tribunal claim).

 

 

Well these are the copies of the final letter,

 

http://i756.photobucket.com/albums/xx204/HH2010/scan0001.jpg

 

http://i756.photobucket.com/albums/xx204/HH2010/scan0002.jpg

 

http://i756.photobucket.com/albums/xx204/HH2010/scan0003.jpg

 

http://i756.photobucket.com/albums/xx204/HH2010/scan0004.jpg

 

 

work letter final  5

 

 

xxxxxxxxxxx

 

So we start ringing round solicitors monday asking if anyone can hear our claim and disregard acas?

:confused:

xxxx

Edited by hardworking_harddoneby
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So we start ringing round solicitors monday asking if anyone can hear our claim and disregard acas?

 

There's no time for solictors now. The form needs to be received by the Employment tribunal on or before 13th January.

Your OH can start an Employment tribunal claim himself by completing and submitting the online ET1 form.

The form and guidance are in the links below.

 

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/newforms/ET1-version-18-11-09.pdf

 

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/09_1177_MakingaClaim.pdf

 

I would suggest that the claim should be for unfair dismissal and breach of contract.

Shout if you need any help.

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So we start ringing round solicitors monday asking if anyone can hear our claim and disregard acas?

 

 

There's no time for solictors now. The form needs to be received by the Employment tribunal on or before 13th January.

Your OH can start an Employment tribunal claim himself by completing and submitting the online ET1 form.

The form and guidance are in the links below.

 

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/newforms/ET1-version-18-11-09.pdf

 

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/09_1177_MakingaClaim.pdf

 

I would suggest that the claim should be for unfair dismissal and breach of contract.

Shout if you need any help.

 

 

Hi Marie,

Thanks! Ive been working on it this afternoon,

would you mind if i pm'ed you so i dont have to omit names etc, obviously i totally trust you, youve helped me so much!

 

x

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Of course I don't mind, pm ahead.

 

 

Hi all, thought I'd update you,

Internet was off for a few days :( but not before i submitted the claim online!

 

He asked for 8 weeks notice pay, the claim has been acknowledged and i'll let you know, it says any response will be copied to us....

 

Also, partner finally got hold of ACAS on tuesday and the man said that the company hadnt faxed docs through in november and he didnt chase them up, he said he was really sorry and he'd let him down :eek:

Too right :mad: would actually like to take that further and complain about him but have other things going on....

 

I'll be in touch soon, the 28 days starts today....

 

xxxxx

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