Dismissed for Gross Misconduct after Discrimination & Victimisation

[Emmzzi]

This is way too detailed for me to advise on a forum. However I would think about

- the criteria is not "beyond reasonable doubt" but "balance of probabilities." 

- the ET will review "were the employers actions within a range of what is reasonable" 

 

That means that many appeals/ETs fail. They do not seek absolute truth; more "does this sound like it was possible? Would it be perverse to believe it happened?"

 

You sound worn out from the whole thing. Think about what would make you happiest in life. I can guarantee, it is not staying with this employer. But sometimes it's hard to see that when you are battle weary.

 

This employer is clearly not suited to you. I would be more focused on a neutral reference than re-employment. Wherever you end up next, please join the union right away.

Edited April 3, 2021 by Emmzzi

[Emmzzi]

Having read all of your points my main advice is "stick to the knitting." The knitting looks like this.

 

a) you are a decent person who would not wish to upset anyone. DO NOT GIVE PAGES OF EXAMPLES. 

b) you are deeply sorry for your part in the altercations which you admit took place; this is not the person you wish to be

c) you did not send the email on which the case seems to rest and believe there has been insufficient investigation - IP addresses etc - this is too tenuous evidence on which to end  a persons career; 

d) the action you would like to happen as a result of the appeal is further investigation

 

Leave all the other minor points out of it; it's pedantic and blurs your main message. I also advise against an affidavit which has no more weight than your own statement; you just said it to a lawyer instead of the investigating officer. No added value. Makes you look guilty. Innocent people don't do that kind of thing.

 

Stick to the knitting. Guilty people obfuscate with detail; innocents make their truth know in simple terms.

 

Do NOT raise the gender of the investigator as you have here. That comes off as misogynistic. It's not going to help at all.

Edited April 4, 2021 by Emmzzi

[Emmzzi]

Well, you know best. Good luck!

[Emmzzi]

There comes a point in some employment relationships where the effort to manage the employees relationship with the organisation outweighs the risk of a less than stellar dismissal process and possible ET. 
 

Your FOI requests are, I would suggest, the tipping point. Your multiple requests suggest this has simply become too much like hard work for the organisation and they will take their chances on a dismissal.

 

I suspect you will not find the justice you seek. They are making a calculation of how much management time you take up, and the cost of that, versus how easy it is to replace you.

 

Your best hope at appeal is to stick to the knitting. An affidavit is used in a court of law, and this ain’t that. The same rules do not apply. The employer is not expected to be Rumpole.

 

I would still be trying to get a neutral reference and exiting. See if your lawyer has a different opinion. But I think there have simply been too many bones of contention here for it to carry on being viable for the employer, to keep expending this much time on you. 

 

again, good luck to you. I hope that, armed with a full and detailed set of facts, your lawyer has a more hopeful opinion. But if not - let it go. The best revenge is living well. Your health is not worth this battle. Other avenues await. Imagine, six months hence, using your skills in a job you love, where you have no battles to fight. That feels more worthwhile to me.

[Emmzzi]

did you manage to find a solicitor ?

[Emmzzi]

The appeal had to be lodged by last Friday, 9th.

 

I think the advice ship has sailed.

 

Happy to support appeal process/ outcome if there is one; I suspect more opinions are not helpful at this stage tho.

Edited April 16, 2021 by Emmzzi