a scott schedule is simply a scedule summarising the mani issues in your case. Here is a brief guide. http://lawbarrister.net/middleton/what-is-a-scott-schedule.html also read advice on www.etclaims.co.uk and dont panic

unfortunately in reality many people are being treated unfairly or illegally. proving it is the real issue

i think the other factor to bear in mind that you might actually win your case by the use of covert recording but then be dismissed any way because of a 'breakdown of trust' see aziz v trinity taxis.

well done on the job!! Emm is correct. Ask for a 'without prejudice' meeting with the HR person. Be very polite but make it clear you are not accepting any of the allegations and you will fight it all the way and beyond. Then ask them if they are prepared to settle through a COT3 agreement. point out your new job is less pay. Ask them for a figure theyd be prepared to pay in addition to giving a good reference. It will cost them a minimum 5k if a case went to et.

Surely the fundamental issue is whether the employer can simply terminate a contract and replace it with another one - there is a consultation period and certain procedures to be followed.

i dont know why you simply dont ask the boss why you avent received full pay. If he says its policy then ask why the other person got it. keep it calm and non-confrontational

I would also look at Data Protection issues here - they cannot hold your information /use it in this manner. Is there any merit in looking into making a complaint to teh information commissioner. Also worthwhile getting a subject access request in to find out what information they are holding about you

if you signed the contract....... (room for manure?!!)

I had a friend who got offered a job whilst on suspension and his union negotiated a settlement by way of a £35k payment and an excellent reference. This was the same place that suspended me and I think even though his case was not as strong as mine, they were glad to get rid of at least one problem. I went for two interviews whilst I was suspended, the first one, early on, I didnt say anything about being on suspension (because it was without prejudice) but didnt get the job. For the second one, by then I had enough to know that I was going to win, so I took the view that I would not compromise simply to get away. So I told the second people that I was under suspension (also one of the interviewers probably would have found out anyway). I didnt get the job either. My advise to you would be to go to the interview, explain to them that you dont want your current employer to find out that you were looking for another job, so would not want them to contact your current employer until they were prepared to offer you a job subject to references. If you do get an offer, then approach your current employers HR to see if they would do a COT3 agreement, involving a good reference. Use the Union if you have one to do the deal. If not, I am sure you will get good advice on this forum about tactics etc. Focus on the interview first though. Regarding the employment law thing, I did consider whether I should retrain to become a lawyer after my settlement (as I could manage without any real income for a few of years). However I got a really good job in a related industry and two years after that, have moved into a very senior post with some 180 staff working for me, and something like £25million turnover and £4million gross profit for my unit. So there is a positive outcome in some cases. Incidentally today is the sixth anniversary of the day I was suspended!! Anyway nuff about me. Good luck for the interview and keep you chin up.

Not only did they pay me, they also gave me annual payrise and also I kept my lease car. The lease ran out after 3 years so I extended the lease and got a new car just after the suspension was lifted. I even had to force them to take disciplinary action through ET - I asked ET to take over the disciplinary action because they said they would charge me but was not holding any hearing . They charged me with 36 offences and I won on every count, they were all false allegations, exaggerations (they asserted calling someone a dinosaur was swearing), etc. I hope your suspension is nowhere like mine was, but even though it might seem dark now, you will come out at ther other end. Use the time to do something productive. I learnt to swim and learnt about employment law. The internet is fantastic for any kind of information. Good luck - I'll help if I can. This forum is great make use of it.

I love it when I read cases like this

I know its hard, but you must be patient - been thru suspension myself (in my case it was three and a half years though) but eventually came out on top at the other end. Just be patient and remember they are paying you all this time. Hopefully your situation will be resolved sooner.

I would be tempted to write to them and point out that not paying you would be an unlawful deduction from pay and could be actioned at an ET

Hmmm No mention of apologies

although becky2585 is correct, they still have to have a justifiable reason why they choose to believe the other account. so it is very important that you are not evasive or give conflicting account jn your statement. also ask to see the other statement- they might not let you, but ask anyway.

I would say there is an element of duress in the signing as well, so very much doubt the clause is enforceable.

My view is that such catch-all restraint of trade clauses are unenforceable, a recent appeal court case that escapes my mind at the moment established this - and I have posted on this matter on this site elsewhere. Wiki has a good explanation of restraint of trade clauses. I doubt these clauses could be enforced even for managers because of the catch-all way they have implemented it.

hi sidecar costs are generally very rarely awarded in ET and only if the case is "vexatious" or otherwise unreasonable. I shouldnt worry too much. but Honeybees question is relevant and should shed light on the tactics.

well done lifts my spirit every time the right side wins!

A few years ago this forum helped me too, if only somewhere to sound off. I support what Honebee says. I think it works better if the employer remains anonymous. cannot think of one reason why we would need the name of employer. once a case has been determined, it might be appropriate to name names , if only for retribution. As we all know most of these cases get settles through compromise agreements so namin names would be likely to prejudice that. At the end of the day the employees interest is paramount (even tho I am often curious/nosey)

My view is that the term is an unfair contract term and would most likely be struck out. Terms that unreasonably restraint trade are unfair terms. Look up restraint of trade on wiki. Also this link http://www.out-law.com/page-7086 Firstly nursery A has to show that thier intellectual property (currliculum) or trade secrets has been passed onto nursery B. Your GF could easily counter this by giving an undertaking not to divulge the information (confidentiality clause). so a Restraint of Trade clause is way over the top when a confidentiality clause would protect nursery A's interests. Also what she used to pay is relevant. Is she was paid a whopping great salary then the restraint of trade clause could be justified (because part of the pay would be a compensation for the restriction). Also you didnt say if this was a time limited clause - any clause more than 6-12 months is going to be seen as unfair -look up case law on this. Secondly, nursery A cannot force nursery B to dismiss your GF. Their only remedy is liquidated damages (money) against your GF. For this, they have to show loss - this cannot be theoretical and too remote. Its extremely difficult to demonstrate (did the contract have a genuine pre-estimate of the loss? I doubt it) I wouldnt worry too much. Your GF should write back saying that she believes the clause to be an unfair clause because it is a restraint of trade clause and is out of proportion with the impact it attempts to restrict. She should explain that she has not divulged any trade secrets or curriculum matters and is happy to give an undertaking not to do so for six months from termination of her previous employment, i.e. a confidentiality clause. This would provide adequate protection to the position of nursery A and is more in proportion. Also explain that nursery A is welcome to take litigation action on this matter should they choose to, but make them aware that she will be pursuing her costs against nursery A and she has been able to identify several no-win no fee solicitors who will support her, backed by an ATE insurance policy (ATE= After The Event). It is likely that costs would run into five figures. that should put them off

i find you comment that at least you were honest as being somewhat funny given the circumstances

from what you have explained, I wouldn't take too much notice of the contract. If youre self-employed, they cannot restrain your trade, as emmzzi advised above. It will cost them a pretty penny to action it and anyway, I doubt very much the particular clause will stand- it will most likely ruled to be an unfair contract term.

many cases at ET are self represented. in my experience ET judges tend to guide and help litigants in person.

belive me princess I have been there. Imagine being suspended for over 3 years and not even being told why except its to do with a complaint made under Public Interest Disclosure Act.I spent every waking minute wondering what I might have done that warranted this complaint. Then imagine your Union rep never being available nor returning your calls, no one to discuss issues with etc. for 3 years!!! I went thru that and came out the other side. So take my advice leave out the worrying and what if's. Going on sick wont help - focus and prepare. go to the GP as others advised. We are all trying to help. If you only listen to ones who only reinforce your views, you will have major problems. We are all trying to help and so far all the advice has been good. Dont give up but prepare and seek help from anywhere you can. More importantly listen. No one is asking you to give up just be clever about how you approch this issue and look at the other sides perspective before the battle commences.