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you're doing fine smokejumper! and you're right, it's up to what happens on the day now

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yeh but on the day ive heard they can say well chucks your right he did discriminate but u didnt tick that box so u aint gettin jack :(

 

You said earlier in the thread it was breach of contract. Is it that or discrimination? I am confused! Best speak to a lawyer I think.

 

Also I have never heard a judge call anyone "chuck" or use the phrase "getting jack." Hmm. Turn of phrase sounds familiar tho. Have you been here before?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I'm confused.

 

It won't matter if you ticked the wrong box, the problem would be if you claimed discrimination or what ever you are claiming and you used the wrong section of the act.

 

Not trying to be rude, but I don't think you will be able to win this if you are representing yourself.

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Obviously, it is impossible for us to advise if you have ticked the right box without understanding what your case is about. You do not seem to want to give us that information.

 

I can understand that, but it does mean you had best pay for a solicitor who you can talk to in confidence.

 

Good luck, will be interested to hear how you get on.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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There is a difference between wrongful dismissal and unfair dismissal. The former used to be dealt with in a different civil court and is limited to the sum of money owed. Now it can be brought either before a the tribunal or a civil court, although the tribunal has a £25K cap.

 

This link might help re Wrongful Dismissal:

http://www.findlaw.co.uk/law/employment/wrongful_dismissal/500174.html

Edited by Pusillanimous
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Does this help at all ?

 

 

In United Kingdom law, the concept of "wrongful dismissal" refers exclusively to dismissal contrary to the contract of employment, which effectively means premature termination, either due to insufficient notice or lack of grounds.

Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for a reason related to discrimination protected by the Equality Act 2010, becoming pregnant, or having previously asserted certain specified employment rights. Otherwise, an employee must have worked for a year to have the right against unfair dismissal (2 years if the employment started on or after 6 April 2012[1]). This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason. Fair reasons for dismissal are,

 

  • A reason related to the employee's conduct
  • A reason related to the employee's capability or qualifications for the job
  • Because the employee's job was redundant
  • Because a statutory duty or restriction prohibited the employment being continued
  • Some other substantial reason of a kind which justifies the dismissal.

The reason for dismissal will rarely be the basis for a successful unfair dismissal claim, as a Tribunal is not allowed to substitute its view of what is reasonable for that of the employer. The Employment Tribunal will judge the reasonableness of the employer's decision to dismiss on the standard of a "band of reasonable responses" assessing whether the employer's decision was one which falls outside the range of reasonable responses of reasonable employers

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How does following the ACAS code work?

 

I have received the pack that had been forwarded to appeals manager for my appeal

 

I had never seen the initial notes of discussion before therefore I had never been able to sign them to agree the true reflection of the interview notes which after reading them I do not agree that they are a true reflection .

 

but its to late now , i explained to the appeals manager i had never seen these notes before and they was full of lies.

 

So is that ok for them to do that.

 

btw i have lost my appeal

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what discussion was this?

 

The discussion was the first interview a questions and answers discussion asking what happened etc after that we had fact finding interview . in which i replied that i did not find that interview as an accurate account as to what was said either.

 

Its funny how i got sent these notes to check over but not the initial (1st) interview.so i feel hard done by

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What i don't get is that if this was not important enough for me to check/sign then how is it important enough for it to be used as evidence at appeal? this was minutes of a meeting . i thought everything needs to be checked by me?

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I really can't advise if you are going to be elusive about the content of the case, I'm sorry.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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DO u know the acas dismissal procedures?

 

Yes, and I know they are guidelines, not law, and the first port of call is your employers internal procedure.

Edited by ims21

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Should an appeals manager automatically believe a managers story? if it is being questioned by the employee that he is lying then should the appeals manager ask for witness statement/interview?

 

If the manager is credible with no holes in his story then why would they not?

 

The measure here is who to believe on "balance of probability" - a much lower standard than if you were eg on trial for a criminal offence.

Edited by ims21

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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yes emmzzi as you know the conduct IS is a criminal offence so would that be a higher standard or still on balance pf probability

 

Holes in the story? Its a sham investigation if the accused has no holes in his story either .

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yes smoke the job i was doing considers that if i did not complete the job and under certain conditions ie not telling anyone that the job was not done so they coudl arrange for it to eb done , then it can be criminal offence. ps no ones life is at risk dont worry lol

 

SO the point im making is should there of been a full and thorough investigation by my employer not just balance of probability . and my accusations ignored when they could of been checked ie CCTV at no expense of the employer

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