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is this unfair?


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Hello. I'm pleased it's going OK. I'm not surprised they think the case will be shorter. I'm no expert, but 10 days sounded huge to me. Stay strong and logical, I wish you both all the best and hope you have a good outcome.

 

Thank you for letting us know.

 

HB x

 

Thanks Honeybee , it is appreciated

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wow,... only just joined the forum today, and to read this! i thought my employer was bad! Good for you for both of you for not dropping what is a massive injustice, which i think someone else said - affects your girlfriend's whole life. your girlfriend seems to have a lot of strenght to her case - with the GP test 5 days later , the fact it wasnt random but selected due to a girl who she doesnt get on with reporting her, the disappearance of the tester, and the refusal to carry out another test just 30 mins later at your girlfriend' request/insistence!!

 

yes, there seems to be a lot going for her case!

 

best of luck with it i hope you post up a positive outcome soon~! :)

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UPDATE -

 

Hi to all .

 

Ok , an update. The case is now finished . We managed to get our submissions squeezed in on Friday afternoon at the very last min . Just finished at 4.20pm.

 

I had been feeling very very confident up until my partner was called to give her evidence.

 

Now , because i know my partner , i know that she was finding the whole situation very stressful . I knew that every word she was saying was the truth as i have been through this whole horrible situation with her from the day she was suspended BUT i have to be honest and say that she fell apart during the crucial stage of the hearing.

 

The barrister (who was very good to give her her dues) just seemed to know the questions to ask to tie my partner up in knots ! She was firing off question after question and wasnt giving my partner time to answer each question. She then began at the beginning again and asked each question over again but in a differently worded format.

 

She also (in my opinion) put words into my partners mouth For example : She said to my partner "so , you say that the two collection agents met outside of the testing area " My girlfriend replied "yes , thats correct" . Barrister then said "but you couldnt see them outside whilst you were still inside the room"? Partner said "No , i couldnt see them whilst they were outside the room , but i could HEAR them outside , talking "

 

Barrister then repeated " but you confirm that you couldnt see them outside the room" To which my partner again replied " no i couldnt see them but i could hear them talking" . The barrister then said "Mr Chairman , as you are aware , the Claimant is now alleging that although she had previously stated that the collection agents left the testing arena with the sample in his possession , it should now be taken into consideration that this is not the case " ." I put it to you that the collection agent DID leave the room but that the sample to be tested REMAINED inside the room with the Claimant at all times ." I believe that the claimant was aware at every stage that the collection agent DID NOT remove the sample from the testing arena.

 

"The claimant confirms that she was unable to see the collection agent during his period of leave from the arena so i call on you to see this case as it stands , that is a case in which the claimant is a drug user who is merely using an innocent absence of the collection agent during the testing procedure to HER own advantage.

 

"I further call on the Tribunal panel to remember that there are no witnesses to confirm the fact of whether the collection agent took the sample in question outside of the arena on the day in question"

 

"Panel of the Tribunal i urge you all to see this as nothing more than a situation in which the claimant has disregarded the respondents policy on drug testing . Testing upon which the claimant has shown little regard . The claimant has willingly consumed drugs and is now using the innocent exit from the room , an exit which has no bearing on the result acheived , to be to her own benefit."

 

So guys as you can see , im not feeling confident now.

 

My partner kept saying "i am not and never have been a drug user "

 

But its over now and all we can do is await the decision.

 

Thanks to all who have been reading . Sorry for the long post .

 

I will update when the decision arrives.

 

 

Guy.

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They have to give you written reason for terminating employment, also she has the right to be heard fairly and hive her side of the situation, and they didn't allow her that, so there are good grounds for a grievance, but then if employment is terminated her best option would probably be an employment tribunal for wrongful dismissal, since I don't think you can take out a grievance once employment is terminated.

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OMG, i hope everything goes ok for you both.

I'm sure the tribunal panel will realise that your partner was under a lot of stress and act sympathetically toward her.

Fingers crossed for her x

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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This sounds horrible, I really hope you win.

 

Thing is...the barrister has to 'give it a good go' even if they know that they have a bad case. The only way to defend this was to allege that your GF was a drug user.

 

In the absence of any evidence to suggest that this is the case, I think a Tribunal would be VERY reluctant to arrive at this conclusion.

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Hope things go well. I havnt read all the thread but I cant see how it can go against you from the bit I have read. There was no continuity of the sample. It wasnt sealed, didnt have a unigue seal number and wasnt signed by your partner.

 

Sorry if ive got the wrong end of the stick, my computer is taking forever to load this thread. Good luck anyway

Edited by bill1980

Im new to this and am just giving an opinion. Seek further clarification and advice on what I post before taking it as gospel :)

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Hey goodluck with this, just came across this thread today - i must say the treatment ur Gf received made my blood boil, i hate injustice, I hope the court case rules in ur favour. People have posted a lot of sensible things here that you should use in your defence arguement.

 

Good luck

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Good luck Mr and Mrs Surreyguy. Give them hell!

I remember I was drug tested at my pre-employment medical (I am a bus driver so it's in the interest of public safety) and I remember the chain of custody thing. It was gone through step by step and ticked off. They even explained that this was to make sure the test was fair, and that the sample must NOT leave my sight until the bag is sealed, and the carbon copy of the sheet was given to me like a receipt, if you like.

 

I really hope the decision goes your way

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Hi there, I've been following this thread from the beginning and i'm disgusted with their treatment of your G/F. I was wondering if you'd had the result of the tribunal yet?

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Bet it feels even longer for those involved bless 'em :-)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hi all, my tribunal was 3rd 4th and 5th of August, they did not reach a conclusion on the last day as the submissions went on far longer than anticipated, the panel sat again on the 10th of August and I still have heard nothing back, it is also due to the holidays etc so there is a shortage of staff, it really is a waiting game, but I wish a good outcome for this couple, it is really hard when you are in front of a company (in my case I worked for for 22 years) and they lie and rubish you, I really could not believe what I was hearing from people I thought I knew and trusted to tell the truth, but you live and learn.

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  • 2 weeks later...

Have just spent the best part of the night reading this thread. Like the rest of everyone on here, I have my fingers crossed for you.

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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