Employment Tribunal soon and I still feel bullied

[bluelemon27]

Hi,

 

I worked for a company for nearly five years, I used to love it. Then the last few months, the company started to struggle and the boss was hardly around. Out of the blue I got handed a long list of 'evidence' constituting in the whole to gross misconduct. Earlier we had been given a contract to sign which had changed and I hadn't signed it and written a letter stating I wasn't happy to. I think it was this that angered the boss who then knocked my hours down and spent the time I wasn't in trawling my computer and printed off so called evidence. Silly things like joke emails and banter, that sort of stuff. I'm pretty sure it's not gross misconduct. I was the hardest worker there. And I was accused of being a detriment to the companies success. I feel victimised and bullied, and because of my treatment all the other staff members left within the space of 2 months. There isn't anybody there anymore. Both disciplinary and appeal hearings seemed to have already predetermined outcomes and the sheer tone of voice in all the letters I have received is extremely upsetting. I logged it with the tribunal as unfair dismissal as I believe whole heartedly that I have done nothing wrong.

 

I am now currently going through the process of case management orders. I have met all the deadlines and adhered to them. The bundle of documents has been sorted, even though I had to make the respondent aware quite a few of my documents had not been included but listed, and both parties have exchanged witness statements. It has been a month now and the respondent has suddenly decided to add an additional set of documents to the bundle. I suspect he is only doing this now as he has read my witness statement and is trying to cover himself. Is he allowed to do this when the date has passed for the case management orders? It seems a little unfair as he could just keep adding more and more up until the day itself, and I have to prepare myself for it all. It's messy enough as it stands without any extra in there. The message has come through his solicitors who basically say in no two words they are adhering to the respondent. I'm surprised a solicitor would allow it. I would have thought the dates on the case management orders are there for a reason. Any help on what to do would be most appreciated. I don't have a solictor, I'm going this alone as I can't afford one sadly. Mainly because I'm out of a job now due to all of this. I'll be glad when it's all over to be fair.

[Emmzzi]

define "banter." One man's banter is another's racism, sexism, etc.

[bluelemon27]

define "banter." One man's banter is another's racism, sexism, etc.

 

Oh gosh, not racism or sexism. It was things like daft pictures, jokes. One in particular was a photomontage of a colleague which he then put on Facebook afterwards. Out of everybody who worked there I'd say I was the person who did all of this the least, hence why I felt singled out. Even the boss privy to this sort of thing. Nobody else got investigated either. Although I think the threat was there, hence why everybody upped and left. I feel like I've been made a scapegoat.

[Emmzzi]

So I don't really understand what the reason they gave for your dismissal was?

[Pusillanimous]

Do they have an electronic usage policy? This should be in the staff handbook. If you have breached this, it doesn't matter whether others breached it or not, although you could argue that you were treated differently from them. However, you would have to show the company knew about the others' usage but failed to issue any reprimand.

 

Not wise to access social networking sites during working hours or send "amusing" mass emailings as your bosses will have the right to retrieve the downloads and take action if you have breached rules.

[poppytat]

reference to electronic usage policy.

it is possible that your boss has brought one in recently just to cover his back.

if you have one, i would get it checked out, because the use of social networking sites and the internet use at work being freely available and fairly new, the policy is quite a new thing, its not that old, if you had a handbook when you first started, 5 years ago, it is doubtful that this policy is in there.

i was told that handbooks are given every year (??) i have yet to get another one, ive been with my employer 3 years and there is nothing in the handbook regarding the use of the internet or social networking sites. we have since got a policy, it is on a piece of paper, kept in the union office, and a lot of employees, if not all of them, have yet to see it.

 

id get the policy checked.

[altobelli]

If your emails, banter, etc., were reasonable and no objections were raised at the time, you could have a case, particularly if your boss was privy to it and you were treated differently from everyone else with regards to action taken. You can usually use internet and social networking sites 'reasonably' for personal use in the workplace.

 

What was the 'evidence' you were presented with?

[SweetLorraine]

Hi bluelemon27,

 

I believe both sides can continue to add to the bundle - even on the day of the hearing either side has the right to roll up with something they may wish to include. (The other side may ask for a short adjournment to consider the effects of the inclusion of the documents at such a late stage). So, maybe additions to the bundle are not uncommon.

 

Maybe the following website and blog might help you. http://etclaims.co.uk/tag/bundle/

 

Regards