Unfair Dismissal, Race Discrimination, Preg/sex discrimination - ** SETTLED **

[steampowered]

ACAS are there primarily to help with settlement and offering general advice. They won't give specific advice on legal issues which are in dispute, and they will not act like a judge. I don't think they will get involved at all with whether or not the other side should be disclosing investigation documents, that is a specific item of legal advice which is outside ACAS' remit. This is something that should be dealt with through the Tribunal document disclosure process. You shouldn't treat ACAS as an extension of the Tribunal - they are not.

 

If you want to know the Respondent's position on disclosure you should contact them directly. If this proceeds to trial there will most likely be a general disclosure order which is what you use to get the documents. This specific issue may also be addressed at the PHR.

 

Whether NWNF lawyers will take a case depends on (1) chances of success, (2) how much uplift they will get if successful, and (3) if being paid a percentage of your winnings, how much you might expect to get. Obviously all NWNF will want a decent chance of success but 75% sounds quite high to me.

[Grotesque]

Who is the 'you' in your post, Steampowered? Just to avoid confusion.

[panxa]

Why? don't you think it's got a 75% chance of success.

 

As for Acas, I would be interested to know if anyone has actually been happy with their intervention.

 

For what SP been saying, my case is "weak".

 

As for acas, I have a sweet sounding case worker but I dont trust him because he is pushy...

[panxa]

Who is the 'you' in your post, Steampowered? Just to avoid confusion.

I think SP refers to me GT.

[steampowered]

Hi, the 'you' is meant to refer to the op (panxa).

 

I wouldn't want to say the unfair dismissal aspect is weak or strong without knowing a bit more information about exactly what information the employer was provided with. These things are very fact sensitive; I imagine the employer would try to argue they had a reasonable belief that you weren't entitled to work in the UK which can be enough. The discrimination aspects may be arguable but I'm not sure how much you would get awarded for these or if they can be proved. Not trying to be negative just giving honest feedback.

[panxa]

Thank you SP.

 

I might just wait for the NWNF company to see what they think after reading all my evidence and paperwork. It seems that the respondent will continue to drag their feetabout disclosing the info, I already asked tribunals for a order for disclosure and they said they might consider it.

Anyway, what about the pregnancy element if the claim? I have said in my posts that before my dismissal I was signed off by doc due to pregnancy related illnesses, then on my come back I get suspended and dismissed.

If you look and think about it all is very convenient chain of events.

I know it "could" only be deemed sufficient for an employer to " believe" I didn't have the right to work but I have read cases where the claimant lost but then won at appeal because tribunals failed to point at the law.

Look, I have spent my pregnancy and the first 6 months of my baby's life studying this, I'm not too happy in letting go for a mediocre 5k which doesn't cover half of my SMP. I look at it from a moral point of view now.

[Emmzzi]

The law is concerned with legality not morality.

 

Correlation does not show causation.

[panxa]

The law is concerned with legality not morality.

 

Correlation does not show causation.

To "me" personaly is morality, not basing my case on it, I'm basing it on evidence. I don't expect the judge to look at it like that.

[Emmzzi]

But morality is highly subjective.get your logical head on and look at it again.

[panxa]

hi again,

 

just to let you know i have had no success with contacting acas, after leaving a couple of messages the case worker has not come back to me, however I have received the internal investigation outcome from ex employer. I dont agree with any of the points because they are outside the relevant point/accusations I made, they failed to provide the evidence to support their investigation and obviously they denied all points.

So where does this leave me? the Tribunal has given both parties to tell our position 14 days from the date i receive the outcome of the investigation, so I have until the 29th march to state my position.

Someone here, I think it was smokejumper, said that to conclude a grivance i have to agree with it, is that true?

Also, the head of the department signed the letter, but she is not longer employed by my ex employer, how can she sign on behalf of the company if shes not longer employed by them? (i know is a fact her contract was moved to a different company on the 2nd Feb) , letter also is not cc to tribunals or their representatives.

Can anyone help me on this please?

 

and to no surprise, NWNF company said they cant help me in my case.

 

Thanks again.

[Emmzzi]

NWNF usually refuse because they think you have a weak case. Did they give you a %age chance of winning?

[panxa]

No emmzzi, they didnt say what chances and I did ask, I assume it is over 75% like someone mentioned here before.

[smokejumper]

I mentioned a law firm stated 75% to me, however I found information since then that a person was told 51%, so it may not be a hard and fast rule and more a case of the particular law firms policy ( which makes sense).

[panxa]

I mentioned a law firm stated 75% to me, however I found information since then that a person was told 51%, so it may not be a hard and fast rule and more a case of the particular law firms policy ( which makes sense).

 

I have asked them but without success.

what do you make of the rest of my post, reg investigation, the person dealing/signing internal investigation for grievance, 14 days for tribunal? it started to look as if Im destined to take this all the way to FH day.

[steampowered]

I don't think you should get too concerned about what the investigation says. I don't think it really matters in most cases. If you have decided to advance through the ET process then you need to focus on that.

[Grotesque]

For the Tribunal the important thing is that you and the company have followed ACAS guidelines (i.e., following and completing the disciplinary procedure) rather than the actual result. After all, iif you had a ''good' result there, you would be unlikely to have ended up at the Tribunal!

[panxa]

Hi guys,

 

could someone help me on this part of my query :

"Also, the head of the department I used to work for signed the letter,(internal investigation) but she is not longer employed by my ex employer, how can she sign on behalf of the company if shes not longer employed by? (I know is a fact her contract was moved to a different company on the 2nd Feb)" ...

 

Thank you

[Grotesque]

Did she sign it before Feb. 2nd?

[panxa]

Did she sign it before Feb. 2nd?

 

No Grotesque, I only received the internal investigation outcome on Saturday past and shes no longer working for my ex employer, so I dont understand the validity of that investigation.

 

Can I also mention, I HAVE NEVER SEEN THE FACE OF HR AT ALL.

 

Does this make any difference?

[Emmzzi]

No, hr do not need to be involved at all for a process to be valid.

[panxa]

No, hr do not need to be involved at all for a process to be valid.

 

-So can any one carry out anl investigation for a grievance on behalf of the company even if they are not employed by them?

 

- As the whole department I used to work for, including ex colleagues were bought by another company, how does it work for a FH then? in the case that ET orders witnesses statements, etc.

 

I trying to find out the difficulties that the company will have now in defending the other elements of the claim: racial and pregnancy/sex discrimination.

 

Thanks again

[panxa]

Just to let you know that I have now settled for the amount of 10k. Thank you all for your help.

[Grotesque]

Cheers. Although there's probably a non-disclosure clause in the agreement somewhere so that's more than we need to know...!

 

Well done though- could have been the best move- the future would have consisted of 'stress today vs cash tomorrow', one way or the other.

 

All the best!

[panxa]

Thank you:) its actually more than I was hoping for but it covers what I lost from my SMP and a bit more. All I can say to others is, if you know you are right and have the proof you need, even when told your case is weak just push as far as you can. You dont representation if you know your case more than anyone else would know.If you know you are a victim then don't keep it in. Leason learned, if you raise a gievance,take it directly to HR,and trust no one.

[Emmzzi]

I am glad you have settled, I think it a wise decision. Well done!