Employment tribunal hearing coming up

[unclebulgaria67]

2.1 is bullet point details of your complaints.  Presumably discrimination. 

 

I really do think you should speak to someone that handles employment legal issues, otherwise you risk making  mistakes which may harm your case.

 

When you say breach of TUPE regulations, what regulation have they breached ?

 

Be careful not to use the word lie in the proceedings( either in documents or at the hearings).  Just present information and let those hearing you come to their own conclusions.

 

From what you have said in your thread, clearly there has been a breakdown of the relationship between some of the managers of the business and yourself.  They wanted a level of flexibility in working arrangements that could not be agreed.

 

Were the days/hours of working part of the original employment contract or part of an agreed change to your employment contract ?  Do you have a copy of the employment contract or anything in writing from a line manager confirming agreed days/hours would be officially noted in your employment contract ?

 

From what I have seen with employment contracts and days/hours of working, the contract states when the business is open for staff to work and how many hours per week the contract is for. But the contract usually states that exact days/hours of working will be agreed with local managers and may be subject to change to suit the needs of the business.

 

Employment law is really complicated and you need to pinpoint your case to state exactly what laws the employer has broken with evidence to support.   Which is why I recommend that you speak to someone legally qualified.  

 

Why only ask for £1?   Again which is why you need advice from someone that handles these cases on a regular basis. They will know exactly what should be entered on these forms.

 

[Lorenz]

The Tupe main principle is that the terms and conditions  of employment cannot be worsened.

By putting a limit on how long I can take leave for makes it worse in my opinion. 

Besides,  they've gone against their own policy which doesn't say that any leave over 3 weeks is unpaid, but simply says that it needs to be authorised by an MD.

They can get the Pope to authorise leave, not a problem,  but when they say that the policy doesn't allow more than 3 weeks they're lying. 

Especially when they confirm that there's no business need to refuse the leave, but simply for their made up policy which as said is different from the official policy published by hr.

 

The flexible working agreement was signed over 5 years ago by the same manager who has now come back.

I lost that piece of paper unfortunately. 

However, it is reasonable to think that someone at some point must've agreed to my fixed shifts.

And also, when we were tuped, how did they know that I was on fixed shifts.

The previous company must've given them the agreement or at least a transfer sheet.

They don't even have my part time contract, so under the same principle I am contracted to do 36 hours/week.

Regarding the business need: they still need to cover my 2 shifts, but they want to give them to a new employee. 

How's that possible???

This guy has gone to the interview and told them he could only work my shifts and they agreed.

He's an unqualified teenager, I am a fully qualified professional with a master degree and 25 years experience in the industry.

The problem is that under my contract I get paid double compared to their new employees,  so they want me out.

They already got rid of 90% of the old staff to employ people on minimum wage. 

When I told the manager that I can't work late turns he simply said: "you need to resign then".

I asked him to put in writing his solution but of course he didn't. 

 

I asked for a symbolic £1 because their solicitor implied that I was taking them to court just to make some money and this is totally incorrect. 

I pointed out in my response that this was not the case.

I do not want any money, I just want my rights to be respected.

 

I submitted one more proposal of settlement to ACAS, the fourth one, asking only for the flexible working agreement to be respected and terms and conditions to remain as they are.

I offered to forget everything else related to their bullying which has been affecting my mental health and start afresh.

They refused.

 

Think about it: I'm only asking for them to respect the law,  nothing else. 

 

Unfortunately I don't know anyone legally trained and this year has been a very tough one financially for various unplanned things, so I can't afford a solicitor. 

 

I hope this is clearer now and welcome any comment and help with the agenda.

[unclebulgaria67]

TUPE as far as I understand it, just covers basic employment contract rights. So would not cover the new employers changing flexible working or how many weeks holiday an employee can take at anyone time.

 

If you cannot afford a Solicitors, you might want to ask ACAS questions to clarify points of law on the main issues you are raising. Or some Solicitors offer free half hour consultation, where you can ask questions.

 

What are you going to do, if the employers submit evidence of your unreasonable behaviours and advise that whatever the outcome, they no longer want you as an employee ? 

 

You need to question your strategy here as your relationship with employers is now broken down, so asking for £1 may not be best option. What would be fair settlement, if you managed to prove your case.

 

 

 

[Lorenz]

@unclebulgaria67 Thanks.

I've been trying to get through to acas, but it's bank holiday weekend,  so nothing until Tuesday which is when I need to submit the agenda. 

The local CAB was fully booked this week, so I'm going to check if I can see anyone next week,  although,  a couple of years ago I saw them regarding a tv delivered broken and they told me that I had to accept to send it in for repair.

So I don't know how much knowledge they would have on employment law.

They've been trying to push me out (along with everyone else on old contracts), but I don't think they'll dismiss me, at risk of being taken to tribunal again.

I have an immaculate record at work and top performance score, so if they want to dismiss me they'll have to justify it by saying that I didn't like being bullied.

I'm aware that it can happen but I'm not prepared to become their doormat.

Some colleagues did that and ended up leaving because they weren't getting paid.

This company tests the employees: when they see a weak prey they start making "mistakes" in their payslip and never pay back.

A colleague left because she was owed approximately £2k but was scared about taking them to court.

They tried that with me and within 5 days I'd made such a stink about it that they paid me in cash.

Since then, they never made a mistake again on my payslip. 

I don't understand how they could make honest mistakes with salaried staff: the pay should be the same every month, one would think.

 

To be honest I don't want any money from them, it would feel like I'm asking for stolen money considering how many of my colleagues have been shortchanged. 

Sorry, might be mad, but that's how I feel, I don't want their money.

[Lorenz]

Hi, I know it's bank holiday weekend,  but can anyone advise on how to fill those questions on the agenda?

I can repost them if more convenient. 

Thank you.

[honeybee13]

You could either repost the questions or remind people which post they're in.

 

HB

[Lorenz]

Hi, here it is.

Thanks

 

Could you please look at this agenda and let me know where I've gone wrong and/or what you would add/subtract/amend?

Also, what's on point 2.1?

What do I put at 3.3 considering I'm only asking for a symbolic £1?

What about 4.2?

8.1 and 9.1???

And would you put anything at the end in the "any other matter" box?

 

Sorry for the many questions,  I truly appreciate your help!

PH Agenda-1.pdf

[unclebulgaria67]

2.1 will be the complaints you listed when you challenged the employers using any internal grievance process.

 

3.3  N/A as £1 symbolic payment requested only. Claim is to ensure employers comply with my employments rights as noted above.

 

4.2 ???  Are you aware of any issues that need to be resolved, before a Tribunal considers the case being made ?

 

8.1  How long do you think is needed to consider all of the issues you want to raise ?  I think it is a max of 3 hours ?

 

9.1   This is about any pre-tribunal activities that are ongoing before the case is heard.  For example, you might be in the process of obtaining more information from the employers and they have said they will provide it by x date.

 

As I have said before,  you really should get some professional advice before you attend the tribunal.  At the moment, I fear that you are not very well prepared, as you don't have your case stated in a clear way, stating the specific employment law rights that the employers have broken.

 

 

[Lorenz]

Thanks for that.

My husband is going to call ACAS tomorrow as well as his union legal advice line.

Hopefully we'll get some help because my union has not answered any question. 

Apart from the points of law, can you suggest anything that he should ask advice about?

 

Thanks

[unclebulgaria67]

Ask about TUPE.

 

Would it cover hours of work or longer annual leave arrangements that had been agreed with previous company ? This was to help primary carer of children manage caring responsibilities with work.

 

The questions will relate to whatever the complaints were, when grievances were raised with employers. The tribunal is a continuation of your complaints you raised with employers.

 

You need to ensure you are specific in your complaint. Law and evidence of how employers have not complied.

[FTMDave]

Check on MCOL what the issue date was for your SAR claim.

[Lorenz]

Hi everyone,  little update.

We had the preliminary hearing and it went ok i think.

The judge accepted the sex discrimination case and bullying (failure in duty of care).

He's going to come back to me on the TUPE breach because he said that it might be not their jurisdiction if it's a breach of contract.

Anyhow,  my husband contacted my union regional organiser and gave him a piece of his mind for having abandoned me in this ordeal.

Immediately after he sent me an email saying that they want to mend their mistakes and most likely they can offer legal cover.

We have a meeting tomorrow to discuss. 

On a different subject, the data protection case in county court has not been defended yet and tomorrow I'll be able to ask for judgement in default accordingly to mcol.

I keep you updated. 

Thank you everyone. 

[Lorenz]

Good morning everyone,  update on the data protection case: they didn't respond and i applied for a ccj online, all confirmed by email and website. 

So they're determined not to disclose anything. 

So, after i receive the court letter, how long before I sue them again for failure to disclose?

My request is almost 7 months old and despite my many requests for update they sent nothing. 

All i get when i email them is the same copy and paste email saying that they are looking for the documents. 

 

[FTMDave]

Well done.

 

You could start the whole process again immediately, as their breach is continuing.

 

However, best to await confirmation from the court of judgement in your favour.

 

Once you get that come back here, and we can think about enforcement and also about Round 2, as the wording of your PoCs will have to be slightly different the next time round.

 

 

[FTMDave]

Have you had confirmation from the court of judgment?

[Lorenz]

Not yet.

Maybe with today's mail.

[FTMDave]

Let us know later on today, as it's important to keep the pressure on.

[Lorenz]

Nothing from tribunal in today's mail.

[FTMDave]

Well, the next steps are -

 

1.  Enforce judgement.  You can do that on MCOL.  It'll cost you, but you'll end up getting the money back when the bailiffs enforce.

 

2.   Send them a new LoC in preparation for suing them a second time.  It can be exactly the same as the last one except for the last paragraph which should be -

 

Therefore I am giving you a final 14 days in which to satisfy my subject access request and if you do not do so I shall be beginning a County Court claim against you for £200 for distress for the period from 20 March to 7 May.

 

The reason for the tweaking is that in the Virgin case Virgin eventually defended, saying that had been sued for the same thing twice, so it's important to differentiate the claims.

 

I'm assuming your last LoC was sent on 19 March and this new one will go off on 8 May, but change if I've got that wrong.

 

[Lorenz]

Still nothing from county court in today's mail.

On mcol it says not to contact them, but it's been 2 weeks now.

2 bank holidays though.

What do you think?

[FTMDave]

Can you take a screenshot of MCOL, showing claim status?

[Lorenz]

Here it is.

Latest update
Documents 

County Court Judgment (CCJ) requested
We'll process your request and post a copy of the judgement to you and to the defendant 

we aim to process this as soon as possible.

Please do not call the Court and Tribunal Service Centre (CTSC) about the progress of your request.
Your online account will not be updated with the progress of this claim and any further updates will be by post.

the defendant can no longer respond online can no longer to your claim.

 

If a postal response is received before the judgment is issued your request will be rejected.

Find out about actions you can take after a CCJ is issued (opens in new tab),.
 

[FruitSalad1010]

That message to me appears to indicate the claim was perhaps issued out of the County Court Money Claims Centre, which while still based online is slightly different and more up to date than MCOL which issues claims out of the County Court Business Centre.

Perhaps you could clarify exactly how you issued your claim for the failure to disclose data. I don't think we've seen a claim form or any other correspondence.

In any case processing times can be found here. According to the processing times, entering judgment online should be automatic.

Using MCOL you should be able to move to enforcement immediately once a judgment in default has been entered.
 

[Lorenz]

I don't think so.

My husband issued a mcol last November exactly as I did but for a non delivered item.

He got the same message on mcol and 2-3 days later he received a letter confirming the default judgement. 

[FTMDave]

It's strange that you can't enforce judgement.

 

In any case, no reason not to send them the second LoC.