case relevant documents part 2

[staffcollie]

I am in the middle of taking my ex employers to ET and I have received case documents from respondent today which has included a grievance against me which I have never seen before!! It has taken me 3 hours to calm down .

This grievance has been placed by my line manager and dated apparently before the grievance I had raised in work regarding her and her behaviour (amongst other things).

There is so many false accusations in this I don’t know where to start grrrrr, she has accused me of swearing and is suspicious that I was drinking on my shifts and was asking her for painkillers all the time, also saying that my family was in and I was giving them stuff for free???

This is all totally false and I would like to ask if this grievance had been placed against me on the date that they are alleging surely I would have been investigated at the time or suspended etc.?

Thanks for any advice

[mariefab]

When you raised YOUR grievance did you do it in writing?

Did you get a written response?

Was a grievance meeting held?

[staffcollie]

Yes I raised it in writing and a greivance meeting was heard, there was no written response or any response for that matter.

[mariefab]

When you wrote your grievance, did you do it in letter form?

If so, how did you address it, i.e. Dear manager/HR/name?

[staffcollie]

It was written to my area manager, regarding mainly my line manager but had some other things involved, very long story, yes it was sent in a recorded letter and also an email.

[mariefab]

OK. Did you get a letter/email inviting you to your grievance meeting?

[staffcollie]

no letter inviting me to a grievance hearing, I recieved a phone call from them to invite me to the grievance hearing, they did however sent me there minutes from the grievance meeting but not any response to the hearing,

[mariefab]

Who is the manager's grievance addressed to?

As their 'grievance' was (apparently) initiated before yours it would be logical to assume that their grievance meeting was held before yours.

Have they included the minutes from the manager's meeting?

[staffcollie]

Do you know what? I have just re-looked at the letter and it looks like a typed letter that has been sent as an email but is not an actual email in proper email format???? if you get what I mean???

[staffcollie]

It is addressed to the same area manager that I sent my email and letter to, and no minutes for her grievance is included

[mariefab]

Hmm.So, a (fabricated) grievance that looks more like a witness statement?

Conveniently dated before your grievance.

But although they've sent you this, (showing that they don't consider the managers grievance to be confidential) they haven't remembered to also create the rest of the paper trail by including the manager's meeting minutes and possibly even a record of the outcome.

 

I suggest that you be as furious as you like now, but don't them alert them to their ommision (or they'll just create the rest of the paper trail.

If you use this carefully, you could trip them up during cross examination at the Tribunal hearing.

[staffcollie]

Hi Marie,

Thank you for your advice, I have just about calmed down after being furious for quite some time now, I am not going to alert them but the lies that are in that bloody grievance really did get to me, anyhow moving on from that could you please give me some more advice?

They have also omitted alot of the things that have happened and also sent me a copy of the rota which was requested from me as they broke the 11 hour rest break on lots of occasions forcing me to work 16 and 17 hour shifts with less than 7 hour rest breaks, funny enough the copy of the electronic rotas they have sent to me go from monday to wednesday only ommiting the rest of the week where it was I worked these long hours???

I am still getting my bundle together and am very overwhelmed by the papperwork I have, I am self representing (although in the middle of getting legal aid approved).

They have even ommitted to put my grievance which was never answered into there bundle.

How do I get them to put the electronic rotas that I worked in the bundle?

[staffcollie]

Can some one advice on next step, have been offered without predudice £500.00 today??? by respondent,

[honeybee13]

Hello there.

 

Are you dealing with the respondent or a solicitor please? And is this offer anywhere near the amount you feel you would want? Oh, and is it in writing? I hope this information might be helpful for the guys.

 

Obviously if they're thinking of offers, this is heading in the right direction. I hope the others will be along later with advice for you.

 

My best, HB

[staffcollie]

Still waiting for any answers? I have turned this offer down because this is an insult but where do I go from here, and I am self representing, Any one please gis a clue?

[honeybee13]

Hello again. I hope someone will be along soon with answers on strategy for you.

 

Without giving away figures, are you able to give us an idea of what compensation you're looking for maybe? Like how many months' salary and other items? It might be helpful.

 

My best, HB

[Redordeaduk2011]

Hello

 

Disclosure is something you can use to get the rota, if you have exchanged documents then send a request to the R's sols or whoever is dealing with it for them, but first really look at what they gave you and ask for all the documents you think are missing except the grievance bits of course!

 

Then you give them 14 days to provide the documents to you. If they don't ask for an order from the ET Judge.

 

Also now is the time to start tagging and writing questions on the paperwork they have given you and starting to get the statement written so that you answer anything they have raised that you may not have in the witness statement you might have prepared already.

 

Hope this helps - also hang in there, if they are making an offer then there is something to your case!

 

Red xx

[staffcollie]

They did send me some rotas on the disclosure of documents but only from the monday to wednesday, so they did not send any full week rotas ( which as you can guess did not give my full week in work?), can I put in my witness statement my rota for the last few month sor do I have to get the full paperwork from them (from the electronic payroll), because it is constructive dismissal it is up to me to prove this? would the court listen to me if I do not have the back up from the electronic payroll?. I have sent recorded letters and emails requesting these things but they just holding things back,

I think maybe its time to get in touch with the Employment tribunal, I would like to thank you for your help, this is a great site and the guys on here are amazing.

[Browncow]

They did send me some rotas on the disclosure of documents but only from the monday to wednesday, so they did not send any full week rotas ( which as you can guess did not give my full week in work?), can I put in my witness statement my rota for the last few month sor do I have to get the full paperwork from them (from the electronic payroll), because it is constructive dismissal it is up to me to prove this? would the court listen to me if I do not have the back up from the electronic payroll?. I have sent recorded letters and emails requesting these things but they just holding things back,

I think maybe its time to get in touch with the Employment tribunal, I would like to thank you for your help, this is a great site and the guys on here are amazing.

If the information from the rotas is essential to proving yur case it must be disclosed to you. If you have asked for it explicitly and have not recieved it, you can apply to the Tribunal for a court order for disclosure.

 

An idea might be to give them one more chance. E-mail the Respondent's solicitor and give precise details of the rota information you want and attach scanned copies of the requests made to date. Give them a time limit (usually 14 days) and tell them that you intend to apply for an order on such and such a date if the information is not disclosed.

 

Their solicitor nearly always advises disclosure, when threatened with an order, because it is futile to resiist,