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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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Hi all,

 

I'm preparing an ET1 for my wife who's been unfairly dismissed.

 

I've read a fair bit of stuff on the web, but not sure how much info to put on the form. There's a lot of things happened and I don't want it to end up as a long "witness statement".

 

I've started with a basic timeline of events and think I now need to put down the reasons I believe the investigation was flawed/biased, etc.

 

I'm worried that I might miss something vital out and be prevented from using it later.

 

Bottom line is how much detail should I put in?

 

 

Many thanks for any advice.

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Hello and welcome to the forum. I see SarEl, our pet employment barrister, is back today. [Hi SarEl, nice to see you again. :)]

 

She or someone else with knowledge in the field should be along later with some guidance. We'll do what we can to get you and your wife through this.

 

My best, HB

Illegitimi non carborundum

 

 

 

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You do not need to put much information at all. The ET is only interesed in what the basic outline of the claim is - so, for example, unfair dismissal rather than unlawful deduction. So a very basic description of what you say the employer has done wrong and key dates will be quite fine, and you do not need to go into all the details of who said what and when. So something along the lines of "I was dismissed on XX date. My employer failed to hold a disciplinary meeting / the employer claimed that I had done YYY but refused to provide any evidence to show that I had and I didn't do this" - literally it doesn't need to be more than a synopsis of the story!

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thanks SarEl,

 

I suspected it might be something along those lines.

 

It is more complicated than a straightforward unfair dismissal. there was a counter harassment allegation by wifey (upheld) against the staff member who initiated the disciplinary by telling lies.

Wifey's disciplinary investigation was "claimed" to have been be suspended during her Grievance investigation... it wasn't.

There is evidence of "cross investigation" between the two cases, but all evidence wasn't produced at her disciplinary, and on and on...

There's other stuff as well, far too much to go into here.

 

I just don't want to be barred from referring to other evidence, which the respondent may try to discount as irrelevant and nothing to do with the dismissal.

This is what the respondent did during wifey's disciplinary and appeal.

 

I am hoping that the tribunal will allow any evidence which WE consider relevant or linked.

 

So, basically, I make "allegations" in the ET1 and then "prove" what happened at the tribunal. (If it gets that far).

 

The written statement's gonna be a long one!

 

Kind Regards,

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Yes, that is correct. Tribunals generally allow evidence provided it isn't entirely irrelevant, so I wouldn't worry about them not allowing it. But obviously the most important thing will be whether the dismissal was "fair" in law - if it was then no amount of allegations and counter-allegations will change that. The tribunal do not substitute their own opinion for that of the employer - they do not, in other words, re-hear the case (this is something people get confused about). They hear what happened and then decide whether the employer acted correctly in law.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hi again,

 

Just another quickie...

Looking at previous events and timelines, I believe there is also evidence of my wife being victimised due to a grievance entered against a supervisor in 2009.

The only mentions of victimisation I can find on the web relate to being victimised due to raising discrimination grievances regarding race, age, disability, etc.

My wife doesn't fall into any of these "discrimination" categories.

Would a victimisation claim be allowed or valid, based simply on being victimised for pursuing a harassment claim?

 

If it would be a valid claim, would she have to have raised it previously with the respondent?

 

I've read this through after writing it and it looks like I'm grasping at straws.

I aren't.

I've spotted numerous "tenuous" things to pursue and discounted them.

 

I just keep reading through all the paperwork and keep getting more and more annoyed at the way these scumbags have treated my wife!

 

They've totally destroyed her confidence and she is starting to believe that it's just not worth trying to do "the right things" in life.

 

I am a very laid back pragmatic person normally and it isn't like me, but I just feel that I want to nail these B******S! :mad2:

 

(So it's great to have a "subjective" view from the outside. Thanks for the help so far SarEL).

 

 

Thank you all again in advance,

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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It is a commonly held misconception that bullying/ victimisation is against the law. Except in relation to the "-ism's" (discrimination claims) it doesn't exist. There may be liability under other parts of the law - so, for example, injury or unfair dismissal etc. But it is unlawful tio victimise someone in the way that you describe per se.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hi SarEl,

 

So an employment tribunal has no jurisdiction on this type of victimisation?

 

If not, I'll untick the "other" box on the ET1 and modify the claim...

 

Thanks,

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Yes - the alleged victimisation is part of the evidence (you don't have to ignore what happened) of unfair dismissal - it is the "story" of what happened. But unless there was some form of unlawful discriomination you cannot claim victimisation

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thanks again for the superfast response SarEl,

 

I'll untick the "other" box the form, leave the rest as is and send it off this evening.

 

To top everything off, the wife's just been told that they're suspending her jobseekers allowance.

She explained the situation on the phone.

Very helpful guy has asked her to take in a letter of appeal / explanation and evidence of her tribunal claim to see if he can appeal the decision on her behalf.

 

 

It never rains...

 

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Hi Bignick 58 ,

 

I take it your wifes JSA has been sanctioned as they deem she has made herself ' intentionally unemployed ' .

Same happened to me , I appealed explaining that an E/T claim was in process and that by sanctioning my JSA they were pre-judging the Employments Tribunals outcome , it worked for me and my JSA was reinstated and backdated .

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Hi Dollar,

 

Thanks for the info.

Wifey says that the chappie on the phone seemed quite helpful and was volunteering to help with her appeal.

She's going in tomorrow arned with a copy of the ET1 form and a copy of an appeal letter already sent to them.

 

Thanks again for your interest.

 

I'll let you know...

when I know...

Well...

You know...

 

Nick.

 

btw. Did you win your ET?

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Hi Bignick

 

It really annoys me when I hear of people being victimised for raising grievances. It's something that employees should receive protection from.

 

However, they are only protected if their grievance can also be considered to be a protected disclosure. It is possible to make a protected disclosure unknowingly. For example, if your wife stated that a supervisor's treatment was damaging her health, or that the supervisor ws acting unlawfully, then that could be considered a protected disclosure.

 

Good luck!

Edited by Tams
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Still on going , claim accepted by E/T Service Nov 2008 .....next scheduled date late Feb

 

My ex-employers are a huge multi-national company and have stalled , threatened and lied for the last 2 and half years ...... I think they thought I'd have gone away by now .....THEY WERE WRONG

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I think they thought I'd have gone away by now .....THEY WERE WRONG

 

Yes Dollar know what you mean. The wife was on suspension fro 6 months while a lot of shenanigans went on.

I think they expected her to walk away from everything.

She's a little bulldog and I'm a plodder.

 

We won't be going away very quickly either.

 

Best of luck.

 

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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However, they are only protected if their grievance can also be considered to be a protected disclosure. It is possible to make a protected disclosure unknowingly. For example, if your wife stated that a supervisor's treatment was damaging her health, or that the supervisor ws acting unlawfully, then that could be considered a protected disclosure.

 

Hi Tams,

Sounds interesting, but I don't think that circumstances/timings would be in our favour.

 

During wifey's (eventually) upheld Grievance, it came out that the harrasing supervisor was making entries in some kind of log or diary.

These records were never seen by anyone other than supervisors and line manager!

Her entries were shown to be lies and were added to/modified at a later time.

Wifey has been told by management that this log has now been discontinued.

 

Wife has now raised a victimisation grievance against the HR manager and the supervisor involved.

(Company policy allow grievances from ex employeees).

The log is specifically mentioned in the grievance.

 

However, she is already dismissed and the ET1 form has now been sent.

I believe there are time limits to claim a protected disclosure.

And I reckon she would also still have to actually be employed to claim protection.

 

My mindset is rapidly changing about the way to go about things here.

I used to think "fairness" when doing things.

I see from other threads that the way to think is like employers... "use and manipulate the law any way you can!"

 

Learning quicky,

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Be cautious about becoming too cynical - it won't help you present your case well, and no matter what people think, the law is not in fact that easily manipulated, by employers or employees. It isn't perfect, no - but how can anything created by people and dealing with people, be perfect? But many of the complaints and arguments with the law that I see on forums like this actually arise because people think that they know what the law says, and they don't. So when people say, for example, "It wasn't fair that I got sacked" - what they mean by "fair" is something entirely different from what the law defines as "fair". Lwayers understand the way the law works (or some do anyway!), and because most employers are represented by lawyers that gives them an advantage. Not an advantage in terms of knowing more, but an advantage in terms of knowing what arguments to make that stand up to legal scrutiny. With the best will in the world (and it is one of the reasons why self-representing claimants get some dregree of lattitude that lawyers do not), many claimants don't know what they are arguing and often argue the wrong things! I am sure that Greendollar will agree with me that one thing you have to do is stop thinking in "lay terms" and think like the law.

 

But I really would not recommend trying to overcomplicate your claim. The advice on protected disclosures is really over-complicating things. There is a nice amount of debate - mostly in the web - about whether bullying of this sort should be considered a protected disclosure, and there are even some fine "amateur" legal arguments around. But unfortunately few of these have been successfully argued in a court yet! The ability to meet the defined limitations of protected disclosures, including that they should be "in the public interest", has meant that the legislation does not lend itself easily to general application, and it could perhaps be argued that it should not be generally applied - it would be better, if we are to have laws on bullying / victimisation to make them specific and unequivocal rather than attempting to push round pegs in square holes.

 

However, the point here is to keep your claim and your argument as simple as possible and not get bogged down in attempting to throw in the kitchen sink, "write or speak legalese", be a court room drama (or a mystery thriller!) or anything else. These are the most common mistakes people make, and would be laughable if they weren't so tragic. Simple, straightforward stories with evidence to support them are always the best way, and I have seen plenty of examples of people who have thrown away what was probably a very good case because they ignored the obvious and tried to be too clever.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Again the subjective view...

 

Be cautious about becoming too cynical -

Can't help turning cynical, everything's so FRUSTRATING!

 

However, point taken...

 

(and it is one of the reasons why self-representing claimants get some dregree of lattitude that lawyers do not)

Good to know, I thought it was a myth that latitude was given to us "mere mortals".

 

stop thinking in "lay terms" and think like the law.

Gottit... Think LAW.

 

However, the point here is to keep your claim and your argument as simple as possible.

KISS (Keep it simple, stupid)... Will do.

 

 

Thanks again SarEl.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Hi ,

 

Hope you don't mind Bignick but I'd like to ask SarEl a quick question about my claim . We are expecting my ex-employer to get in contact and make another offer to settle . Would it be prudent to contact them first informing them of my wish to settle rather than go through a costly Tribunal ? Would I be right in thinking the Tribunal would look more me favourably for trying to settle out of court ?

Any settlement offer will more than likely another derisory amount which I will decline anyway , I just want to been seen to have done everything possible to avoid a Tribunal . OR do I wait for my ex-employer to make the first move ?

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Hi ,

 

Hope you don't mind Bignick but I'd like to ask SarEl a quick question about my claim . We are expecting my ex-employer to get in contact and make another offer to settle . Would it be prudent to contact them first informing them of my wish to settle rather than go through a costly Tribunal ? Would I be right in thinking the Tribunal would look more me favourably for trying to settle out of court ?

Any settlement offer will more than likely another derisory amount which I will decline anyway , I just want to been seen to have done everything possible to avoid a Tribunal . OR do I wait for my ex-employer to make the first move ?

 

No and no! It is best never to approach the employer as it gives the impression that you are running scared. If they have any intention of settling reasonably then they will be in touch with you - if not, then don't give the impression that you think you might loose. That is what gets derisory offers! And the tribunal have no interest in whether you have attempted to settle or not. They will only be interested in your attempts to resolve the issue before them - the dismissal. So not appealing can be a bummer. But failing to ask for a settlement is of no interest to them.

 

PS - I ususally let an employer phone twice and then wait 24 hours before I have "enough time" to return their call :evil: But then, I can get away with it!

Edited by SarEl
Addition

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thanks for the tip Sarah and sorry Bignick for jumping in .

 

No probs Dollar,

 

Mi casa, su casa.

 

(or whatever it is):???:

 

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Hello all again,

 

Just looking at my options and think that it could help my wife's case a lot if I could link my wife's grievance investigation to her disciplinary investigation (there's some damming evidence in the grievance notes).

 

ACAS guidance apparently says that with overlapping grievance/ disciplinaries, that if the cases are related, then they can be investigated concurrently.

If not, then the disciplinary investigation could be suspended.

 

Her ex-employer claims that the disciplinary was suspended during her grievance investigation. It plainly wasn't by the dates on interview notes.

It looks like the only part of the disciplinary investigation which was suspended was my wife's own interview, (for several months).

 

If the disciplinary process was not actually suspended, are the two investigations deemed to be related?

(And should evidence from both have been considered during wifey's disciplinary?)

 

Thanks,

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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Does your wife actually allow you to call her wifey? I would clatter you around the head if I caught you doing it to me - especially in public :-)

 

But I am afraid there isn't really enough information to give you an answer. The employer does not have to suspend the whole investigation into a grievance if there is also a disciplinary investigation running, even if they are related. The test would be whether one had any bearing on the other, and may be something that you simply have to "suck and see" - the judges will quickly slap down any none relevant information in the nicest possible way. I think I mentioned before that you get a certain amount more lattitude if you are self-representing. So it won't be held against you if you try to do something they won't wear - but they won't give you anything that you shouldn't get either. So it isn't a big deal.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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