Employment Tribunal Please help!?

[BeingHarrassed]

Hi Caggers,

 

I don't usually post in this forum, but i'd really appreciate some advice regarding an employment tribunal. The advice is for my mum's husband. I don't want to go into too much details on here, but will try and get as much info in as possible.

 

He was sacked for gross misconduct at the beginning of July, having been suspended at the beginning of March pending allegations of gross misconduct. He went through two investigatory meetings, two disciplinary hearings and finally an appeal.

 

It's important to point out that before he was suspended, he was treated incredibly unfairly by his employers for various reasons (i can go into more detail if you need but for example finding out that his co worker had been given a pay rise nearly three times the size of his yet she was no better qualified - this resulted in a pay grievance, which he won - but it was the stress he went through.) He has also been on antidepressants due to bad management.

 

At the investagatory meeting the lady conducting the meeting, he believes was prejudiced, due to something she had said about him in the past. He requested someone else hold the meeting - this was denied.

 

He has a work mobile phone, he was given the opportunity to have personal numbers on this phone, as long as he pays for all calls/texts to those numbers. He had been sending texts (some of them explicit but NOTHING to do with his work) to these personal numbers.

 

In the investigatory meeting, they pulled up all his personal text messages and read them out for 40 minutes (he has all meetings recorded on tape recorder) - they then said on tape - they just wanted to see what they were regarding but they would not be using them in his allegations of gross misconduct.

 

However, when it came to the disciplinary meetings they were brought up again - citing that they could have brought the company into disrepute if his phone had been found and they were seen as gross misconduct.

 

There is nothing in the telecoms policy which says that messages to a personal number could be deemed as gross misconduct. Yet at his appeal, the company suddenly produced a "new" policy which had the words in that they could. Having asked for a copy of this "new" policy he was declined. Furthermore he was told that he signed this "new" policy back in January, yet when he contacted his union rep who was with him at the meetings, there was no such policy - the ONLY copy was the original signed nearly two years ago.

 

Anyway, the main reason i'm asking for advice, is that for the time being he is going to be self representing and needs to fill out the ET form. Should he be going for "unfair" dismissal alone or should he bring in the sexual discrimination (giving a woman a far bigger increase in pay than his) or the constructive bullying that has taken place over the last few years, which has resulted in him being signed off from work on more than one occasion and being medicated on anti depressants. Its all very confusing and naturally he is very stressed from it all. The length of time from the suspension to the appeal was ridiculous. Although he was on full pay during the suspension, he obviously isn't now. Should he be putting in just for loss of earnings predicted?

 

Any help would be appreciated, and if there is anything I can answer that you need to ask, i'd be happy to pm.

 

Thank you in advance!

[rebel11]

Hi being

 

The guys will be happy to advise as soon as they are available.

 

If they are trying to apply company policy retrospectively then that is wrong. You will have the opportunity to seek disclosure of documents from the former employer, so they might have shot themselves in the foot. Constructive Dismisal is very hard to prove and it doesn't apply here.

'Sexual discrimination (giving a woman a far bigger increase in pay than his)' Is it the same role as your husband? Have you got evidence?

[Marieleeza]

Hi Caggers,

 

I don't usually post in this forum, but i'd really appreciate some advice regarding an employment tribunal. The advice is for my mum's husband. I don't want to go into too much details on here, but will try and get as much info in as possible.

 

He was sacked for gross misconduct at the beginning of July, having been suspended at the beginning of March pending allegations of gross misconduct. He went through two investigatory meetings, two disciplinary hearings and finally an appeal.

 

It's important to point out that before he was suspended, he was treated incredibly unfairly by his employers for various reasons (i can go into more detail if you need but for example finding out that his co worker had been given a pay rise nearly three times the size of his yet she was no better qualified - this resulted in a pay grievance, which he won - but it was the stress he went through.) He has also been on antidepressants due to bad management.

 

At the investagatory meeting the lady conducting the meeting, he believes was prejudiced, due to something she had said about him in the past. He requested someone else hold the meeting - this was denied.

 

He has a work mobile phone, he was given the opportunity to have personal numbers on this phone, as long as he pays for all calls/texts to those numbers. He had been sending texts (some of them explicit but NOTHING to do with his work) to these personal numbers.

 

In the investigatory meeting, they pulled up all his personal text messages and read them out for 40 minutes (he has all meetings recorded on tape recorder) - they then said on tape - they just wanted to see what they were regarding but they would not be using them in his allegations of gross misconduct.

 

However, when it came to the disciplinary meetings they were brought up again - citing that they could have brought the company into disrepute if his phone had been found and they were seen as gross misconduct.

 

There is nothing in the telecoms policy which says that messages to a personal number could be deemed as gross misconduct. Yet at his appeal, the company suddenly produced a "new" policy which had the words in that they could. Having asked for a copy of this "new" policy he was declined. Furthermore he was told that he signed this "new" policy back in January, yet when he contacted his union rep who was with him at the meetings, there was no such policy - the ONLY copy was the original signed nearly two years ago.

 

Anyway, the main reason i'm asking for advice, is that for the time being he is going to be self representing and needs to fill out the ET form. Should he be going for "unfair" dismissal alone or should he bring in the sexual discrimination (giving a woman a far bigger increase in pay than his) or the constructive bullying that has taken place over the last few years, which has resulted in him being signed off from work on more than one occasion and being medicated on anti depressants. Its all very confusing and naturally he is very stressed from it all. The length of time from the suspension to the appeal was ridiculous. Although he was on full pay during the suspension, he obviously isn't now. Should he be putting in just for loss of earnings predicted?

 

Any help would be appreciated, and if there is anything I can answer that you need to ask, i'd be happy to pm.

 

Thank you in advance!

 

He needs some legal advice and help with filling in his Employment Tribunal Claim form (ET1).

 

If he is out of a job he should qualify for legal aid, which should entitle him to free help from an employment lawyer but NOT representation on the day of the Tribunal.

 

Below is a source of legal help I have used. They give advice by phone and you can fill in the financial eligibility stuff online.

www.communitylegaladvice.org.uk - their phone number is 0845 345 4345 .

[rebel11]

http://www.adviceguide.org.uk/index/your_rights/legal_system/help_with_legal_costs.htm

[BeingHarrassed]

Hi,

 

Thanks for the replies. In terms of the "sexual discrimination" regarding the pay rise, then yes the woman was doing exactly the same role as him. In fact he had been doing the role for longer. He did in fact raise a pay grievance and was eventually given the pay increase, however this took several months to resolve and he was suspended during the procedure. But it was the fact they gave her a bigger increase in the first place, and the stress it involved trying to resolve the grievance. Since they did award him the pay rise, but gave no indication as to why he wasn't given it in the first place now mean he can't use this in the employment tribunal?

 

As for the policy, they have refused to give him this "updated" version they claim to have......but i'm assuming once he gets his ET1 in then they would be forced to disclose it?

 

He's been told he's not entitled to legal aid, because my mum still works?? Is this inaccurate?

 

And then with regards to his lack of management, bullying from management etc - is there no point him raising this in the ET1? Should he just stick to the unfair dismissal claim?

 

Many Thanks for your help.

[Marieleeza]

forced to disclose it?

 

He's been told he's not entitled to legal aid, because my mum still works?? Is this inaccurate?

 

 

Many Thanks for your help.

Call the number I gave you above (0845 345 4345 ) and they will do a financial assessment.

 

They work it out in terms of household income less housing costs etc. He can give the information over the phone or fill in the financial details online and they will assess him and find out if he is eligible.

 

Unless your mum is earning over £20K and the housing costs (mortgage or rent, service charges etc) are very low there is a chance he would get it.

 

While you can fill in the ET1 yourself, it is better to have a lawyer's help, if possible.

 

 

I liked this service because it was fast. Giving the case details was tedious but after that I got good quality help from an actual employment solicitor.

Edited July 22, 2011 by Marieleeza

[rebel11]

Hi Being

 

CAB could also assist regarding the actual ET form completion

[honeybee13]

Hi Being

 

CAB could also assist regarding the actual ET form completion

 

Agreed, bearing in mind that most CAB people are volunteers and will not all have training or experience of ETs.

 

My best, HB

[honeybee13]

Hello again. The Tribunals Service has a pdf guide to filling in the form that's worth a look. Here's a link to their website.

 

http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment/claims/making-a-claim.htm

 

My best, HB

[stuart_coogh]

raising a grievance is procedure, but the company human resource always side with the company and not with you the employee - why because the company pay the wages to human resources, its just an exercise that human resource follow pretending they intend to help you, do you have legal cover in place, you could take them to a tribunal if you wish