unfair dismissal

[kishan123]

Hi

 

I have employment hearing coming up. So far I was confident but now nervous. I left it too late now can not find representative. CAB can not help as no resources.

 

I have been dismissed unfairly based on work related stress leave. I though my employer will look into issue but they said forget everything and move on. It was very difficult for me. They did accept error but after my dismissal. They said they have followed their policy.

 

Statement has been exchanged 3 weeks ago but todays date they still keep adding pages to the bundle. Can they do it?

 

What happens to the happens to the hearing? I have nothing to say as I wrote in statement.

 

Please help...

[king12345]

How long were you employed for in that job?

[kishan123]

How long were you employed for in that job?

1

 

 

15 years

 

- - - Updated - - -

 

15 years

[honeybee13]

Hi.

 

Have you created your own bundle with all the documents you think are relevant to your case?

 

HB

[kishan123]

There is only one bundle. I gave all my evidences to the other party. Do I need to creat my own bundle?

[honeybee13]

You could be right, maybe they're doing the bundle. I'm not experienced with ETs but other people here are.

 

So you've got copies of your documents and theirs and have organised them so you can find things? Have you found anything in their papers that you think could help you? You don't need to tell us what if it's confidential, but it's important to go through what they're submitting.

 

HB

[kishan123]

Thanks. That's I have done it but not sure what to ask other party as i have included everything in statement.

[honeybee13]

Well, maybe someone here will tell you if you can just read your statement at the hearing. How long do you have to prepare for this?

 

HB

[kishan123]

Now a day we do not have to read statement. Hearing on next week

[honeybee13]

There's a lot of advice online about preparing a case and representing yourself. Here are a couple of examples, there are plenty of others.

 

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/preparing-an-employment-tribunal-case/

 

https://dls.org.uk/wp-content/uploads/2016/12/Tribunal-tactics.pdf

 

HB

[kishan123]

Thanks.truly appreciated.

[sangie5952]

I think I'm covering everything although the details are short....

 

Yes they can add more evidence to the bundle - it may be that they will need the tribunals permission to add it, but frankly, they'll get it. To be fair, as would you. It is rare that a tribunal refuses permission - they can, but they almost never do. And there would be little point in asking them to - you'd simply be suggesting that you have a reason for wanting them to suppress evidence. If you have a case, then no amount of evidence will refute. If you don't, it's irrelevant.

 

The other side usually does the bundle for litigants in person.

 

The cause of your sickness absence is irrelevant - do not focus on that or you will lose. Your claim that work caused your sickness is of no interest to the tribunal. If you allege they caused illness, that is an entirely different and very difficult case to prove. To an entirely different court. As far as a tribunal is concerned they will focus on one thing only. That is whether the employer followed their sickness absence policy in dismissing you, and if they didn't, how serious the breach was. If they didn't follow a discernible legally fair process, or made significant errors, then you have a chance.

 

Nobody here could possibly tell you what to ask them - we have no idea what their case is.

[kishan123]

Thanks Sangie595

 

My stress sick leave was because manager was not doing his job. He would not answer my emails regarding work, just would not reply, there was an error in his report regarding working hours but he would not rectify his error. Nearly three month I send emails but he ignored. When I complain higher officer said oh forget everything and move on. They did accept error but after my dismissal.

[sangie5952]

Thanks Sangie595

 

My stress sick leave was because manager was not doing his job. He would not answer my emails regarding work, just would not reply, there was an error in his report regarding working hours but he would not rectify his error. Nearly three month I send emails but he ignored. When I complain higher officer said oh forget everything and move on. They did accept error but after my dismissal.

 

Oh.

 

Forget that. The alleged stress leave and ANY reason you have is irrelevant. Im sorry, but you obviously do not know what the tribunals job is. Your managers error is irrelevant.

 

Their case, and I can guarantee this without seeing it, is that they have a sickness absence policy and you had too much time off sick so they dismissed you. The ONLY question for a tribunal is whether they followed the process to dismiss you. The reason for your absence is totally irrelevant.

 

Based on what you say here, unless they failed to follow a fair in law process to dismiss you for sickness absence then you will lose. Even if your manager made the mistake, that does not give you a right to be off sick.

[kishan123]

Thanks. I will not keep high hopes.