Document list - ** WON AT TRIBUNAL **

[SabreSheep]

For serious disciplinary such as dimisissal some company have a second appeal state. Does this one?

[LizzieJ]

No, says appeal panel decision is final.

[Emmzzi]

To be honest, he needs to clear his name. The industry he works in needs a checkable history and "dismissed" means he cannot get another job without losing up to £12k a year. It's not just about the money. He has been told his reference will say dismissed and has already been turned down for jobs because of it.

 

I am confused because you aso say he was given the opportunity to resign instead?

[LizzieJ]

Yes, at the appeal outcome but they wouldn't elaborate on the reference he'd get or if he'd get one at all. Until we get the outcome letter, we won't know. And he has been without work for 3 months in the meantime.

[Emmzzi]

I am afraid if he chose not to resign, then it looks like an ET, with uncertain outcome, or a change of career. I hope your solicitor things the ET prospects are good, as you may be able to come to an out of court arrangement sooner if they are.

 

I'm sorry I have no better ideas.

[LizzieJ]

I just don't understand their appeal process or if they've done this correctly. Their policy is not very clear but common sense says if they've reinvestigated then he should have had the chance to respond to new evidence.

[Emmzzi]

I agree. But given you know 100% they are not going to play fair, you need to think about your options from there. You cannot *make* people be nice or fair.

[LizzieJ]

Absolutely, but they are a very well known high profile company who win awards for best place to work etc. I don't think they'll want the bad publicity.

[Emmzzi]

Absolutely, but they are a very well known high profile company who win awards for best place to work etc. I don't think they'll want the bad publicity.

 

I don't want to put a downer on you, but this kind of case doesn't get publicity. ETs pretty much never hit the headlines unless they change the law (like holiday pay for zero hours workers, etc).

 

You need to work out the options for moving on from this, not "punishing" the employer. You, and your family, matter most.

[LizzieJ]

I know what you mean but when a senior director has lied to cover for her PA, you do get very angry. We almost lost our house, only that we have very helpful parents.

[Emmzzi]

"the best revenge is living well"

[LizzieJ]

Difficult to do when you're unemployed/unemployable!

[Emmzzi]

Sure. So efforts go into things that affect employability way before concepts of "revenge"

[LizzieJ]

Definitely trying to be the bigger person. Thanks for your help

[LizzieJ]

Hi all,

 

I have to get a schedule of loss prepared by tomorrow but I have been unable to get an appointment at the CAB. Part of the claim is discrimination and I know about Vento scales but is that the only compensation you claim for discrimination or is the Vento injury to feeling in addition? I am struggling to find anything online to confirm!

 

Thanks.

[ericsbrother]

depends on the circumstances, did you leave the employment over this matter or is it purely for Vento. If the latter then put what you think is reasonable so if it was a one-off matter then £1000 would be reasonable. Put nothing and you might be awarded a pound.

[LizzieJ]

Actually for my husband. He was accused of aggression against a female colleague. It was actually her being aggressive and using the fact that she was senior PA to a director (and the directors name) to intimidate him into letting her break H&S rules. No investigation was carried out because they took her statement as read and did not not interview her. Did not view CCTV or interview witnesses expect the one male colleague my husband mentioned! He was summarily dismissed and appeal upheld even though they admitted his body language was passive. They said she was upset not angry.

[ericsbrother]

then the schedule of loss will be the expected salary from the time of the event until he got a new job or even longer then that if he was forced to take a new job with a lower salary. the courts like to see mitigation of the losses and evidence that your hubby did his best to sort the matter out as fast as possible by appealing their decision, applying for new jobs etc.

Did he report the matter to the HSE?

[LizzieJ]

It is retail so the local authority and they did not want to know! They said they'd investigate if there's an accident.

 

He has taken another job, contract work at approx £9k a year less (unless he works 60hrs/wk).

 

He did appeal but the appeal panel were misled by those involved. They also interviewed the complainants but did not let him comment on any of the issues raised by the interviews. It was neither a re-hearing or a review!

[LizzieJ]

Hi all. Hopefully you can answer this.

 

We have just received the respondents list of documents. They have made a mistake in that they refer to a policy in the disciplinary pack that I was not given. It was quite a big thing and an integral part of the reason we going to tribunal. Do I tell them of the mistake?

[dx100uk]

Numerous threads merged for history

Please keep to one thread

 

DX

[LizzieJ]

Further to the previous posts, we have the tribunal date set and in the process of collating the information for the witness statement. The Bundle is due to be sent to me next week.

 

When writing this, should we include all the issues we have found in the disclosure list? What I mean is "show our hand" so to speak? They have disclosed a lot of emails that's actually incriminate their own staff which they must realise. These questions will be raised at the tribunal but I am wondering if I put these in to the statement.

 

Any advice would be appreciated.

[steampowered]

If you want to raise it at the Tribunal, put it in your statement.

 

You are required to "show your hand" - that is the purpose of requiring exchange of witness statements before the hearing. You would normally only exchange your witness statements once the other side has confirmed that they are ready, and you then both send the statements to each other at the same time.

[LizzieJ]

Thanks. I hope they will send them as we do. I may have to arrange to collect theirs as they like to leave things until the very mast minute!

[LizzieJ]

Hi all,

 

can anyone help with a query about a hearing?

 

We have a key witness to our case and he is willing to give evidence. He no longer works for the company and has a new job.

 

Can we apply to the tribunal to give a day when he will give evidence? The judge has allowed four days and I don't want him to have to take all those days off, although he has said he will if necessary.

 

Regards,

 

L