False accusations after complaining - ** WON **

[elpulpo]

You know these things to be facts?

Or do you strongly suspect them to be the case, and have good grounds for believing so?

[Ms_J]

You know these things to be facts?

Or do you strongly suspect them to be the case, and have good grounds for believing so?

 

I know for a fact that the letter was prepared by the MD and sent to the bully for her to get her B/F to sign it. I have an email to back this up.

I strongly suspect that she has signed the letter, it looks like her writing.

[elpulpo]

If they're factors that are relevant to your case, then include them.

If there's a dispute about the authenticity of a signature, that can be tested.

One can have the person repeatedly sign their signature in rapid succession, then that is compared to the original.

 

Remember, you're just looking to outline your case on the ET1.

So, a brief narrative of the main facts that bring you to make the application will suffice.

I'll have a look see if I can find any ET1 examples for you.

[Ms_J]

If they're factors that are relevant to your case, then include them.

If there's a dispute about the authenticity of a signature, that can be tested.

One can have the person repeatedly sign their signature in rapid succession, then that is compared to the original.

 

Remember, you're just looking to outline your case on the ET1.

So, a brief narrative of the main facts that bring you to make the application will suffice.

I'll have a look see if I can find any ET1 examples for you.

 

Cheers, Elpulpo.

I am really finding it hard going. This is now my third attempt, if I lose it again the laptop will be through the window!

[elpulpo]

Having googled, I can't see any examples.

Have you had a look through Employment Tribunal Claims: Tactics and Precedents ?

Lot's of information there. Hope you don't find all the Do's and Dont's too daunting.

I've heard their book is very good, I'd imagine that will have advice on filling in the ET1.

Feel free to post what you've written and we'll have a look.

[Ms_J]

Having googled, I can't see any examples.

Have you had a look through Employment Tribunal Claims: Tactics and Precedents ?

Lot's of information there. Hope you don't find all the Do's and Dont's too daunting.

I've heard their book is very good, I'd imagine that will have advice on filling in the ET1.

Feel free to post what you've written and we'll have a look.

 

I have had a look through Employment Tribunal Claims: Tactics and Precedents and found it helpful but slightly overwhelming!

I am going to order their book, sounds like an essential.

 

I will post what I have written, that way if I am wrong I can change it sooner rather than later!

[elpulpo]

You're still OK, time-wise. Best to get it right.

[Ms_J]

You're still OK, time-wise. Best to get it right.

 

I know, I just want it out of the way!

[Ms_J]

This is what I have so far. Too much info?!

 

 

1) Employment Consultant arrived to work within our office on 16th November 2009. We were advised that she would be working with us for 5 weeks as she was between jobs and had been a **** at another franchise. This individual essentially took over the running of the office, things that Myself or the Manager normally did were being done by the Consultant. The ways in which we worked were criticized and we were continually told that he office did it another way and that way was better.

The Consultant spent two days watching me work and during this time everything I did was scrutinised and criticized. At times, when I spoke she would start noting things down in a notebook. This situation led to me becoming stressed and nervous and by 18th November I was struggling to manage. I spoke with the Respondent by telephone and advised him of the situation and that I felt that my job was on the line. The Respondent advised me that if any jobs were on the line it would be discussed with the Manager first. After speaking with myself, the Respondent then rang one of the supervisors and informed her that her job was not in jeopardy.

The situation continued and on 20th Nov 09 I called in sick and went to my GP who issued me with a sick line for 10 days due to stress after I explained the situation and the effects it was having on me.

I rang the respondent and advised him of the situation and asked if I could meet with him to give him by sick line and explain how this was affecting me. I met with the Respondent and he stated that he wanted me to return to work on 23/11/09 and he would speak to the consultant and ask her to "back off". I explained that I was finding the situation very stressful and due to having suffered from depression in the past I was concerned that it would return. The Respondent said that was to "be strong and use the consultant to learn from".

I returned to work on 23/11/09 as I was worried about causing any further risk to my job. Upon my return the consultant asked to speak with me and advised me that she was not there to be liked and due to her having an excessively happy home life she really didn't care. The situation did not improve, it worsened. My work was tampered with, the consultant cancelled my attendance at a training course, relevant information was not passed on to myself which then led to the consultant berating me for not knowing what was going on. My work was continually criticized and compared to the way in which she did things. I began to feel as though I was going mad due to my work being tampered with as this was done using my log in details so it looked as though it was me. I found out how to change my password and hoped that it would put a stop to it but it continued only it was now done under the consultant and a supervisors log in details.

I spoke to the Respondent about it and he advised me that he would address the situation but he never did.

On 15/12/09 after arriving in the office it was clear that the consultant was not happy. She demanded to speak to the manager outside and when the manager declined this caused the consultant to become aggressive and threatening in her behavior. My manager asked me a question and whilst I was answering her the consultant shouted at me to "shut up and lose the attitude". She then shouted at my manager.

My Manager left the office and rang the Respondent to advise him of the situation and he told her that "it's not a crime to be shouted at, get back into the office and do a days work". At 9.30am I left to attend an appointment and did not feel able to return to work after the earlier events. My Partner rang the respondent and advised him of this and I later followed it up by e mail. I submitted a letter or grievance that evening, it was hand delivered and posted through the office door.

[honeybee13]

Sounds OK to me Ms J, but Elpulpo knows a lot more than me.

 

If you've been losing what you've typed [sorry if I misunderstood your post], at least if you leave it here, it can't get lost . Someone I know sometimes emails documents to a family member for safekeeping and back-up.

 

I'll PM you about a couple of minor typos, rather than clutter up your thread.

 

Keep going with the submission, hopefully revenge will be sweet. x

[Ms_J]

Sounds OK to me Ms J, but Elpulpo knows a lot more than me.

 

If you've been losing what you've typed [sorry if I misunderstood your post], at least if you leave it here, it can't get lost . Someone I know sometimes emails documents to a family member for safekeeping and back-up.

 

I'll PM you about a couple of minor typos, rather than clutter up your thread.

 

Keep going with the submission, hopefully revenge will be sweet. x

 

Thanks, HB.

I am finding the adobe document really difficult to work on for some reason.

[honeybee13]

Wish I could help, but I'm useless. Have sent your PM. HB

[elpulpo]

Thanks, HB.

I am finding the adobe document really difficult to work on for some reason.

Yes, it is. I remember from when I submitted one last year.

[Ms_J]

Yes, it is. I remember from when I submitted one last year.

 

Thank god! It is the worst form I have ever had to complete.

Am I on the right track with what I have typed so far?

[Ms_J]

This is where I am up to now.

 

The Respondent replied to my e mail on 16/12/09, the contents of his e mail did not relate to the situation. He implied that I was being accused of something and upon replying to him it became apparent that this was correct. I was then issued with a letter informing me that I was to attend a disciplinary hearing as I had been accused of stealing letters.

The Respondent had not followed the disciplinary procedure and I pointed this out on two occasions which led to the hearing date being changed.

I did not feel able to attend the hearing due to my condition and advised the Respondent of this. The hearing was postponed until 22/01/10.

I received a letter dated 29/12/09 from the Respondent accusing me of having a set of keys belonging to a client and asking me to return them. I did not have these keys and had already informed a supervisor as to where they were. I wrote to the Respondent and advised him of this.

I received another letter dated 15/01/10, again asking me to return the keys so as to avoid the expense of changing the locks. The accusation was very alarming, I was aware that the client had been admitted to

 

 

 

The disciplinary hearing was held in my absence on 22/01/10 and was chaired by another franchisee who is the partner of the person that I raised a grievance about. I was not able to attend due to my health condition deteriorating, I submitted a written statement.

I did not receive notification of the outcome until 17/02/10. The letter was dated 12/02/10 and informed me that I had been summarily dismissed and was not entitled to notice pay.

This letter was supposedly sent to me from the man who chaired the hearing but I have obtained proof that it was prepared by the Respondent.

All of my attempts to express a grievance were effectively ignored. I was then subjected to an extremely dubious disciplinary process whilst still signed off, culminating in my dismissal when I'd already given my resignation. (Hope you don't mind me stealing this, Elpulpo!)

I was never going to get a fair hearing as the respondent was looking to blame me for something that he failed to do and he arranged a disciplinary hearing that would find me guilty and if I appealed, I would again be found guilty as it would be conducted by his friend.

The Respondent had failed to implement an earnings arrestment order served by the Sheriff Court in my name. In order for him to avoid any further action regarding this he used myself as a scapegoat. Due to the fact that I had, as part of my normal duties signed for letters delivered by recorded delivery he concocted a story whereby I had received the letters, opened them and then kept them. The Respondent informed the court that this is what happened and that I had admitted this and would be disciplined for it. This resulted me having to attend court.

[elpulpo]

I'd say too much info, Ms J. You're not far off at all, but what you've written is more the format of what I'd submit as a witness statement at the actual ET hearing. You don't need to go into the specific detail of what was said in each situation.

You just want the bones of why you're bringing the case, so short, factual sentences setting out the significant events.

 

so, say-

 

I commenced employment for ********* on **/**/****.

I moved into my present role in **** of ****.

In **** of ****, an employment consultant came to work in our office. Immediately, this person was (briefly detail the unreasonable behaviour)

This behaviour had (detail affect of her behaviour, explain that you have a history of Clinical Depression)

 

Then continue, explaining that you verbally expressed a grievance, were signed off sick, came back etc.

Short statements, well spaced.

 

I'd say you're at least 13/17 ths of the way there. Possibly 27/34 ths.

 

She'd been a **** at another franchise? I shudder to think what you blanked out.

[elpulpo]

You're pretty much there, I think. It has been a protracted, complicated matter, so it will involve lengthy explanation. For that reason, it needs to be as concise as possible.

A lot of these ET chairpeople are knocking on a bit, you don't want them to doze off half way through.

[Ms_J]

Thanks, Elpulpo.

I thought it was too much. I will amend it and make it more concise.

It is making me doze off, so no doubt the chairpeople would be in a coma by the end!

The possibilities for the starred out bit are endless. A bit of digging would reveal plently about her, I am sure!

[Ms_J]

I have re-done it. It does appear to be much cleared and easier to understand.

Do I have to state why I feel I was discriminated against, victimised, constructively dismissed etc?

[elpulpo]

I have re-done it. It does appear to be much cleared and easier to understand.

Do I have to state why I feel I was discriminated against, victimised, constructively dismissed etc?

Yes. Probably best to do that as a brief summary at the end of your statement.

[Bigredbus]

Let me be the devil’s advocate...

 

 

Several episodes of bullying induced episodes of stress.

You get signed off by your GP, mid November 2009, due to stress.

 

15 December 2009, you submit a grievance stating bullying and stress.

a. The employer’s reply does not make reference to your sickness and, instead, makes reference to mail disappearing (ref. Wages arrestment).

 

18/19 December 2009, you are invited to attend a disciplinary meeting related to letters you have signed for (presumably recorded delivery) but not passed onto your manager/director and that you were Absent Without Leave (AWOL).

In your reply, you mention that internal disciplinary procedure has not been followed (5 days notice) and disputing the AWOL… they decided to drop those charges and postponed the meeting, but, still, not in line with the internal procedures (ref. 5 days notice).

 

22 January 2010, a meeting was held in your absence and the panel’s decision was to dismiss you summarily for gross misconduct due to your alleged actions (ref. not transmitting mail to their addressee – intentionally delaying or opening a postal packet addressed to a third party).

 

10 February 2010, you resign your position

 

The letter informing you of your dismissal was dated 12 February 2010.

 

You contend:

 

1. Possible discrimination on ground of disability (stress).

2. Harassment, humiliation? – Victimisation?

3. Internal procedures have not been followed

4. Constructive Dismissal.

 

They argue:

 

1. That you intentionally delayed or opened a postal packet in the course of its transmission to its addressee, and as such warranted summary dismissal for gross misconduct.The discrimination on grounds of disability would, probably, not stand the test, as…

Disability Discrimination Act 1995 - Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment (you would have to establish evidence of a mental impairment) which has a substantial (more than minor or trivial) and long-term (lasted at least 12 months, likely to last another 12 months) adverse effect on his ability to carry out normal day-to-day activities.

 

Harrassment and humiliation are stated in your posts, so is the failure to follow internal procedures.

 

Constructive dismissal… You resigned prior to being dismissed (good point). Are your employer’s actions going to the root of your contract? You could argue that they breach the implied term of trust and confidence. Could your employer still be able to argue that your actions warranted being summarily dismissed (he would have to prove, on the balance of probabilty that you signed for the mail, recognised its origine, believed the content was related to your attachment of earnings).

Edited March 7, 2010 by Bigredbus
Typo...

[Ms_J]

Let me be the devil’s advocate...

 

 

Several episodes of bullying induced episodes of stress.

You get signed off by your GP, mid November 2009, due to stress.

 

15 December 2009, you submit a grievance stating bullying and stress.

a. The employer’s reply does not make reference to your sickness and, instead, makes reference to mail disappearing (ref. Wages arrestment).

 

18/19 December 2009, you are invited to attend a disciplinary meeting related to letters you have signed for (presumably recorded delivery) but not passed onto your manager/director and that you were Absent Without Leave (AWOL).

In your reply, you mention that internal disciplinary procedure has not been followed (5 days notice) and disputing the AWOL… they decided to drop those charges and postponed the meeting, but, still, not in line with the internal procedures (ref. 5 days notice).

 

22 January 2010, a meeting was held in your absence and the panel’s decision was to dismiss you summarily for gross misconduct due to your alleged actions (ref. not transmitting mail to their addressee – intentionally delaying or opening a postal packet addressed to a third party).

 

10 February 2010, you resign your position

 

The letter informing you of your dismissal was dated 12 February 2010.

 

You contend:

 

1. Possible discrimination on ground of disability (stress).

2. Harassment, humiliation? – Victimisation?

3. Internal procedures have not been followed

4. Constructive Dismissal.

 

They argue:

 

1. That you intentionally delayed or opened a postal packet in the course of its transmission to its addressee, and as such warranted summary dismissal for gross misconduct.The discrimination on grounds of disability would, probably, not stand the test, as…

Disability Discrimination Act 1995 - Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment (you would have to establish evidence of a mental impairment) which has a substantial (more than minor or trivial) and long-term (lasted at least 12 months, likely to last another 12 months) adverse effect on his ability to carry out normal day-to-day activities.

 

Harrassment and humiliation are stated in your posts, so is the failure to follow internal procedures.

 

Constructive dismissal… You resigned prior to being dismissed (good point). Are your employer’s actions going to the root of your contract? You could argue that they breach the implied term of trust and confidence. Could your employer still be able to argue that your actions warranted being summarily dismissed (he would have to prove, on the balance of probabilty that you signed for the mail, recognised its origine, believed the content was related to your attachment of earnings).

 

Thanks, Brb.

 

Do you think that I am wasting my time?

[elpulpo]

And so, BRB, being the devil's advocate, your conclusion is........?

(My apologies, in advance, but I really don't get your point)

[Bigredbus]

I am sorry to jump into this thread like that, but assuming that 'Ms J' is bringing a claim for discrimination on the grounds of disability, I believe that her case would not pass the court test (see post #321). Nevertheless, I believe she has a case for constructive dismissal for breach of the implied term of trust and confidence, and implied duty of mutual respect.

 

a) Repeated episodes of bullying and humiliation. From mid-November to the resignation date, she has been subjected to several episodes of offensive and insensitive conduct by a supervisor/manager (in this case the consultant) (Case point: Hilton International Hotels (UK) Ltd v Protopapa [1990] IRLR 317 - ...The relevant conduct was that of her immediate superior only. The Employment Appeal Tribunal (EAT) held that the tests for vicarious liability in tort were correct here.)

 

b) Provided that the episode related to mail 'disappearing' and the episode related to a key being kept are capable of amounting to 'theft', then there would be ill-founded allegations of theft (Case point: Robinson v Crompton Parkinson Ltd [1978] IRLR 61 - False accusations of misconduct or incapability could also damage the mutual trust and confidence relationship and give rise to constructive dismissal).

 

There has been, in 'Ms J' case, series of actions, on the part of the employer, which cumulatively amount to a breach of the implied duty of mutual respect.

 

... and there was a failure to follow internal procedures...

 

Now, 'Ms J' must look for the effective cause for her resignation (the employer's actions as opposed to the fact that disciplinary action had been activated).

 

I have a few questions for 'Ms J'...

 

1. Do you have, or can obtain witness statements related to the consultant conduct?

 

2. Was there any acknowledgement of your grievance?

 

3. When did you sign for those 'recorded - or signed for' letters?

 

4. Did they find, in the end, the letters you had signed for?

 

5. Do you have, or can obtain a statement from that client, in the key episode?

[Ms_J]

I am sorry to jump into this thread like that, but assuming that 'Ms J' is bringing a claim for discrimination on the grounds of disability, I believe that her case would not pass the court test (see post #321). Nevertheless, I believe she has a case for constructive dismissal for breach of the implied term of trust and confidence, and implied duty of mutual respect.

 

a) Repeated episodes of bullying and humiliation. From mid-November to the resignation date, she has been subjected to several episodes of offensive and insensitive conduct by a supervisor/manager (in this case the consultant) (Case point: Hilton International Hotels (UK) Ltd v Protopapa [1990] IRLR 317 - ...The relevant conduct was that of her immediate superior only. The Employment Appeal Tribunal (EAT) held that the tests for vicarious liability in tort were correct here.)

 

b) Provided that the episode related to mail 'disappearing' and the episode related to a key being kept are capable of amounting to 'theft', then there would be ill-founded allegations of theft (Case point: Robinson v Crompton Parkinson Ltd [1978] IRLR 61 - False accusations of misconduct or incapability could also damage the mutual trust and confidence relationship and give rise to constructive dismissal).

 

There has been, in 'Ms J' case, series of actions, on the part of the employer, which cumulatively amount to a breach of the implied duty of mutual respect.

 

... and there was a failure to follow internal procedures...

 

Now, 'Ms J' must look for the effective cause for her resignation (the employer's actions as opposed to the fact that disciplinary action had been activated). I was off sick and had raised a grievance by the time the disciplinary action was activated, would this not help? I could understand if I was informed of disciplinary action, went off sick and then raised a grievance that it may look a bit suspicious.

 

I have a few questions for 'Ms J'...

 

1. Do you have, or can obtain witness statements related to the consultant conduct?

My manager witnessed it and could provide a statement as did other staff members who will not provide a statement due to still being employed. There are 2 staff members who have left due to the conduct of this person and they MAY provide statements.

 

2. Was there any acknowledgement of your grievance?

Not directly. I mentioned this in my resignation letter and it was acknowledged that I mentioned it in an email and I was invited to send it again, I did and received no acknowledgement.

 

3. When did you sign for those 'recorded - or signed for' letters?

July and August 2009.

 

4. Did they find, in the end, the letters you had signed for?

Not that I am aware of. (The MD has/had the letters but this will never be admitted)

 

5. Do you have, or can obtain a statement from that client, in the key episode?

Yes, this will not be a problem.

 

 

Thanks for your input, Brb.