Some urgent advice needed - employment tribunal

[eli mac]

I am at the end of my tether: I had a CMD with the ET service yesterday and the QC representing my former employer acted, in my view, in an utterly unprofessional manner. Before the judge arrived, he leaned over and in a stage whisper, said to my lawyer 'you do know that I represented against your client in an employment dispute some 12 years ago?' He then said that I was the subject of a criminal investigation by the police into expenses I had claimed when employed.

I had of course informed my lawyer that I had previously taken action against an employer for sexual discrimination - and that I had accepted compensation from them in regard to this prior to ET - the agreement was subject to a confidentiality agreement at that time.

I am not a 'serial complainer' and have had a successful career for the last 12 years.

The news about a police investigation was a bolt from the blue - I have not been informed about this and had no reason to believe that such action was pending.

When the QC then introduced this in the CMD, the judge very quickly asked if I knew anything about it and on hearing that I did not, said that the ET service would write to the police about this.

My problem is - what can I do about each of these things?

Is a QC able to behave in this way and can he introduce something like this without telling me?

My case is a very complex one involving whistle blowing in a charity - I was made redundant after raising these matters with my employers and then, following no response, with the regulators.

My lawyer says that the tactics used by the QC were despicable and unprofessional - but demonstrate that my former employers are 'running scared'.

They were also very keen yesterday to ensure that there was no PHR to establish the protected disclosure aspect - am I better pushing for this?

The case has been allocated 4 weeks next year to be heard.

Can anyone help me on this?

can I petition the judge about the way the QC behaved - has he breached the CA of 12 years ago - can he be removed from the case?

What do I do about the purported police investigation - I need to clear this up?

[honeybee13]

Hello and thank you for joining the forum. I hope some other caggers will be along later with comments for you.

 

I agree with you about the barrister's behaviour. I don't know what I would do apart from contacting the regulator for barristers, the Law Society I would imagine. You own lawyer didn't suggest anything?

 

My best, HB

[eli mac]

Dear HB,

I am due to speak to my lawyer later today - but wanted some independent advice/thoughts about this before I do that. I would be grateful for anyone who has the time/knowledge to add something?

Many thanks

[elpulpo]

As your solicitor said, sounds like they're a bit worried if they're having to resort to that sort of behaviour.

I'd go with what your solicitor advises, if you're confident in their opinion.

[papasmurf1cx]

Hi eli mac........... Was this the same employer who had the confidentiality agreement? I would look at the agreement again and see who was allowed to be told about the agreement. If all the parties were allowed to be told about the matter I am not sure if the confidentiality was breached. Who is the person who now knows of the agreement who isn't supposed to know that is the question you need to answer? If it is professional misconduct then a complaint to the law society should be made. If there is a breach of the agreement, then you can sue them in the county court for breaching the agreement.

 

In regard to the Police, you could go to the police station in the force area that is investigating this and ask if a crime has been reported where you are a suspect. They should be able to trace the crime allegation and give you the investigating officer. If they have reported this and you have evidence to support an allegation against them, as you have indicated on other threads, then they could investigate the whole matter and consider the evidence you have.

 

The dirty tricks come long and fast when they are running scared. It is tactics to get you softened up to take what they want to offer. Keep strong.

[eli mac]

Hello,

The CA was with a different employer - and I left them 12 years ago when this happened. It specifically detailed that 'no reference was to be made by either side to the issues covered by the agreement at any time in the future' and that - 'any breach of this condition'would render the CA null and void and legal action could result'; I assume this also covers the QC involved in the case? If he has breached this then am I able to take action against him? As to the police, I will instruct my solicitor to contact the force in question this morning to find out and tell them I am happy to cooperate with any investigation and provide all of the detail I have. As you say, this maybe just further dirty tricks to break me - and they have tried quite a few of these already - I'll try and keep strong.

[papasmurf1cx]

Hi eli.......... The QC was outragous in saying this and indeed by announcing it to the ET Judge. In my opinion he has broken the agreement and behaved unprofessionally but you would need professional advice to confirm this and as to any action that resulted from the breach. Did this disclosure appear in the Case Management Discussion document / Order. If it does then that is the documentary proof that he did breach the agreement. Perhaps your former employer would not be too pleased either. What did your solicitor say about the matter? What are you going to do about it?

[eli mac]

Hi Papsmurf,

We have not yet had the minutes of the meeting - and he did this before the judge entered the room - however, I had witnesses in both my lawyer who was outraged about this, and a former colleague who had accompanied me to the CMD - and was also enraged. I have sent the CA over the my lawyers for their decision/advice on this. It seems to me at the very least that he has behaved unprofessionally - I will find out what I can do about it.

[R&J]

I assume that the lawyer on the other side is a QC and thus member of the Bar?

 

If they are deliberately misleading the Tribunal on a point they know not to be true there are all sorts of professional conduct issues that arise. I suggest taking this matter up with your own Solicitor.

[papasmurf1cx]

The fact that there was a non legal person there ie the former colleague (From the firm of 12 years ago?) only makes this worse and evidentially tighter. I wonder if anyone else on the forum knows what the remedies are likely to be? Anyone?

 

How much was the original settlement, as this is the sum of money at risk. Also it strikes me that if the QC has made the agreement null and void that releases you from not talking freely about it, although perhaps you better wait for the solicitors advice!!

[eli mac]

My colleague was not from the one of 12 years ago - and the settlement was significant a 6 figures to compensate me for their behaviour. I would appreciate any advice that anyone can give on this and will be speaking to my solicitor later about this.

[honeybee13]

As I think I said before, if your lawyer doesn't have advice for you, I would look at the Law Society as the probably regulator for barristers. There should be information on their website. I know if you have a complaint about a solicitor you go to the Legal Complaints Service, not sure about barristers.

 

My best, HB

[eli mac]

Update: I have just had an email from my lawyer who is delighted that we have had a letter from the Tribunal Judge noting that she has had a response from the police in regard to her enquiries about the criminal 'investigation' that was supposed to have been instigated against me:

THERE IS AND HAS NEVER BEEN ANY INVESTIGATION!

Clearly this was just another ;dirty trick' by my former employer. The fact that their barrister raised this at the CMD has been noted in the minute of the meeting. My question now is: what do I do about this - is there anything I can do?

Do we deal with this now via some from of formal complaint? Do we deal with it at the tribunal?

 

Additionally, the regulator with whom I lodged my complaint about the Protected Disclosures, published their report last week noting that they had made a 'number of recommendations' to my employer to address the issues that I had raised in my Protected Disclosures Complaint to my employer; each issue has been covered and my former employers have stated that they are 'now working on these'. Included within this was a particular note about improving their 'internal processes' to ensure that 'when staff raised concerns, these are properly addressed and reported back to the employee' (they did neither at the time).

 

I think this strengthens my case?

 

My solicitor is in court until Friday and I would like to be prepared for our discussion about thes ematters on Friday - any suggestions?

[papasmurf1cx]

Hi eli...... Explosive.................................... I suppose that the issue on this is why the employer instructed the QC to say this and where the information came from and the intention behind it. Clearly lying to a judge in a pre curser to a trial is very serious and needs investigating. I wouldn't move until a view is expressed from your solicitor as you don't want to damage your case.

 

However what comes to mind is to complain about the actions of the QC to the Bar Council http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/courts-and-legal-services/complaints-against-barristers.html

 

But that wouldn't necessarily get to the root of the matter. Is there somewhere you can complain to about the firm?

 

Here is another option although you may find it difficult to get action on, Perverting the Course of Justice is a criminal offence. A police investigation would be necessary therefore you would need to make an allegation to find out the why's as listed above. The cps will prosecute, but that might not be necessary ALL YOU NEED IS AN INVESTIGATION and then disclosure of that investigation ie get the police to question the QC and your company. Here is what the cps say on their site http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/perverting_the_course_of_justice/

 

What evr you do this is great news. It must have heartened you no end.

[honeybee13]

Hi Eli. I agree with papasmurf, this is good news for you. Unbelievable behaviour by your ex-employer and the barrister, unless they told him it was true and he didn't know otherwise. I also think your lawyer is the best person to advise on this and the timings.

 

My bet, HB

[eli mac]

Dear Both,

Many thanks - I am speaking to my lawyer tomorrow about this and the links/suggestions you have sent will be helpful. I feel very heartened by these events - if for no reason other than it must establish, at least to some extent, just how far they are willing to go in their campaign against me.

The Chair of my former employer is also a lawyer and had directly instructed the QC to note this to the tribunal judge at the CMD! I think the Judge had already realised that there was nothing behind this - when the QC suggested that he 'find out' how the investigation was progressing, she left him in no doubt that she would establish if any investigation had been launched!

Without being pre-emptive about anything, this, coupled with the regulators report should give them pause for thought?

[papasmurf1cx]

If the Chair is a lawyer.... a complaint to the law society should also be made especially as he was responsible for instructing the QC.

 

keep us posted, I love it when one gets the opposition on the run, makes the effort worth it as we know that we have helped in some small way.

[eli mac]

Dear papsmurf,

Many thanks for this - I'll make sure to discuss with my lawyer tomorrow - he seems as angry as I am about it all. I'll keep you posted of developments - as you say. it makes a difference when the other side are getting it in the neck for once!

[honeybee13]

Stick with it, Eli May. I think you'll win through, just stay strong and don't be bullied by these swines.

 

HB x