Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • So there's no tax payable anyway.... nothing to see here!  
    • are you actually going to benefit out of this at all?   I was slightly getting confused here earlier, and forgot you said you are the claimant because you are suing the defendant for the cost of a hire car that you personally haven't had to pay for ?    
    • I received PCN's from TFL and Southwark. 08/06/19 I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA. TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply. (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine). I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage. I complained again through resolver.co.uk and Marston lied again. Then I sent ALL my info and evidence etc.   took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc. TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it. The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler. I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain. I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Regarding the footage: my initial message to them, I made myself seem unaware and 'stupid'   they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' they can't uphold my complaint,   then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal)   when they received the in-depth response, I think they got scared, went away for a couple weeks   tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250.   She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 352 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am representing myself in a constructive dismissal claim and am starting to feel a little overwhelmed by what lies ahead so grateful for any help and advice I can get. I have already submitted my ET1 and am awaiting a copy of the ET3 which my employer’s solicitor submitted three weeks ago.  I have been researching online and reading ‘Employment Tribunal Claims’ by Naomi Cunningham and Michael Reed which has been very useful.

 

An issue has arisen on which I need some advice as it might require an amendment to my ET1. While working my notice in October 2018 my manager informed my team that she was nominating us for a ‘thank you ’team award and that, if the nomination was approved, my award would be forwarded to me. It transpires my colleagues got their awards end of March. I hadn’t received anything so I contacted the HR help desk of the government dept for whom I worked and they informed me they had not received any nomination for me from my manager.  I wrote to the head of HR of said government department asking for an explanation and enclosing a copy of an email in which my manager stated she had nominated me.  My manager’s email did not reference any policy which would prohibit me getting the award which was for work already completed and not part of an incentivised retention scheme. The deadline for HR’s response is nearly up and I am not expecting them to reply.

 

Given that one of the reasons I resigned is that my manager singled me out for unfair treatment I feel this latest development is relevant evidence to my existing claim.  There is no specific calculation I can use to determine what the award should be so I presumably I cannot claim unauthorised deduction of wages.  Can I claim it amounts to a breach of contract and ask the ET to add some comments to my existing claim?  Presumably I would also have to inform the respondent’s solicitor?

Share this post


Link to post
Share on other sites

Hi and Welocme to CAG

 

I have moved your thread to the appropriate forum hopefully you will get a response.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Setting aside an email from a manager which is not contractually binding on the employer, do you have anything available to you that makes nominating you for an award a contractual term?  Is there anything that says that you are contractually entitled to a financial payment- because there can't be an unauthorised deduction of something you aren't entitled to. 

 

You do not need to amend the ET1, if all you are saying is that this is another piece of evidence in respect of the claim you have already submitted. You  amend to add claims. The ET1 is a summary of claim, not the absolute detail. So I can see no reason why you need to amend. That does not, of course, mean that it is evidence of anything either. 

  • Thanks 1

Share this post


Link to post
Share on other sites

Sangie5952

 

Thanks for such a prompt and informative response.  I have checked my 'Statement of Particulars of Employment' and there is no reference to bonus/thank you awards so it appears that an unauthorised deduction doesn't apply.   If I am not amending my ET1 can you see any reason why I cannot include this in my witness statement?  My concern would be that I had not given the respondent's solicitor sufficient notice of this new fact. 

Share this post


Link to post
Share on other sites

The “fact”, and I use that term guardedly, is that you allege a breach of contract so significant that it justified your resigning - "constructive unfair dismissal". That is the fact that you are claiming. You are discussing evidence here - something that proves the fact. Evidence does not need to be included in the ET1, and few would include anything more than a cursory overview. The tribunal does not "hear" your ET1.  They hear your evidence supporting the allegation you made in your ET1. Do you understand the difference? So evidence may still be collected and may come to light. Technically, right up to the hearing, although, in practice, you need permission to include any evidence not disclosed in the exchange of bundles. 

 

If you have already exchanged bundles, although seems unlikely, then you would need the permission of the tribunal to add further evidence. 

  • Thanks 1

Share this post


Link to post
Share on other sites

Sangie5952

 

Thanks that has clarified what the ET1 form represents. We haven't made disclosures yet so I can include the relevant evidence then. Appreciate your help many thanks.

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...