Unfair Dismissal? ***WON***

[mariefab]

They'd have to ask for an extension, usually 2 weeks would be allowed, and you'd be sent a copy of their request.

If they don't do so a default judgement could be entered against them and they'd be precluded from taking any further part in the proceedings.

[mariefab]

I think that you have documentary evidence that a few days after he received a written invitation to a disciplinary hearing to answer allegations that 'may constitute misconduct and may lead to a warning', your OH was dismissed after that hearing for 'Incorrect information on paperwork given to xxxx causing owner dissatisfaction'.

 

I also think that his employers realised shortly afterwards that, because of the above, they may have handed him a winable unfair dismissal claim.

 

I further think that everything they've done since, including the contents of their ET3, are their attempts to obfuscate, side -track and otherwise divert attention from the original unfair dismissal.

Happily they appear to have inadvertantly given you additional helpful documentary evidence while they were at it.

 

Did you send the letter you had on standby? (fingers crossed that you didn't)

[mariefab]

Be careful what you ask for.

Earlier you suggested that you wanted the hand written notes of a meeting. If you ask for these, what's to stop them from adding things onto these notes.

One of the things in your favour is that the documents you already have show that the grounds for the disciplinary were just misconduct and under their policy could have led to a warning not a dismissal.

If you ask for hand written notes, what's to stop them from adding things like he was warned at the start of the meeting that their investigation had uncovered further offences (and detailing the 2 extra charges they tried to bring in after he originally appealed) that constitute gross misconduct and could therefore lead to his dismissal.

You may want to consider carefully before you ask for his personnel file whether you trust them not to re-date some of those statements slating his workmanship and/or creating a file that makes it look as if the Company had a long term problem with his workmanship.

 

Now, you may find when, in due course, they send you copies of everthing that they intend to rely on that they make up a lot of stuff anyway, but asking for things that they know you haven't seen is always risky and could put these sorts of ideas in their heads.

Keep your requests only to documents that you know will help your case.

 

You should send your request, by recorded or special delivery, to the respondent's representative.

Their details should be in section 7 of the ET3.

If section 7 is empty (you're in luck because that suggests that his employers are handling this themselves and you already know how much they've messed things up so far) you send it to the contact details in section 2 of the ET3.

 

You could frame it something like this:

Claimant: (your OH's name)

Respondent: (his former Company's name)

Case No: *******/2011

 

Dear (whoever),

 

Could you please send me complete copies of the following documents:

 

1. Drain down team paperwork handed to maintenance manager in November 2010.

 

2. Security team check paperwork handed to maintenance manager in December 2010.

 

3. Security log pages showing the dates 1 and 2 were undertaken.....

 

Also, if you don't already have them, the disciplinary policy showing the misconduct and gross misconduct examples and consequences.

 

P.S. Has the tribunal given you directions on the disclosure of documents and a date by which this should be completed?

[mariefab]

It's up to you, but I'd wait until the tribunal orders the disclosure of documents.