I'm not certain, but I'd say that even if the documents are ones that the Respondant will already have in their possession, you will still have to exchange copies of the documents in your possession.

What I'd suggest is that you wait for the written finding of the ET and take that to a solicitor to see if there are any grounds for appeal. Whilst things are still fresh in your mind, write down exactly what your concerns are. Unfortunately, if there are not grounds for appeal on a point of law, then that's the end of the road. One can't appeal simply because you didn't feel it went well. You were represented by a barrister, is that correct? They don't sound like they were much cop. (SarEl?) Sad to say, but how you describe your husbands cross-examination just sounds like a legal representative doing their job well. That's what they aim to do, make you contradict yourself and sound unconvincing.

If it's a document you intend to rely on at ET it will need to be disclosed. Unless you've been directed specifically by the ET to highlight the precise sections you will be refering to, don't. If they think that's unfair, they can apply to ET. They're trying to get the jump on you.

Yeh well, you smell and you've got fleas. And you have to have free school meals, cos yer mum and dad are paupers. Touche.

Well, after one months continuous service, the statutory minimum notice period an employee is required to give is one week. He may have been provided with a written statement of the terms & conditions of his employment, which stipulated that more notice be given. It might also be the case that the written statement gave the employer permission to withold/make deductions from his wages in the event that he did not give the correct notice, in an attempt to cover for any losses they incurred by his having left without giving proper notice. Failing any such agreement though, it would be unlawful for the employer to withold wages. They could still however sue your friend for any loss incurred by his failing to give the statutory notice. Very unlikely they would so in practice. The first thing to do therefore is ascertain his length of service and whether there was any written agreement between him and his employer.

So has your friend at any time said that he intends to make an application to ET if the appeal(s) are unsuccessful? If not, why did the appeal chair say that? Subtext admission that they know they're in the wrong?

Well, don't hang about. Get the ET1 submitted in good time. They'll try and run the clock out.

If it dispels the tittle-tattle that's going around about us baby, go right ahead.

Prepared statement. Tercero vez.

Watch yer back from now on. So, if it's been established that this was a set up, are these people now going to be investigated?

http://etclaims.co.uk/2007/12/exchanging-witness-statements-in-a-hurry/ Have a butchers here. I'd recommend this entire site, and their book, if you're going to ET.

Yes. I'd only start a PI against my employer though if I'd suffered a tangible injury. Not worth compromising the relationship because something 'not very nice' happened.

Good idea, Atlas.

Aye. As long as the gross wage before the deduction meets NMW, then they're cool. Otherwise it would be impossible for an employer to ever recover overpayments from employees on NMW. Have ya noticed how we agree about everything, SW?

1. Probably. Drop them a line saying you'll complain, but in practice it'll do no good. These are all the sheety little games that respondants play to try and make sure that by the time of the hearing you're well and truely wound up. Don't rise to it. 2. Yes, providing they're relevant.

The key thing here is to highlight the fact that when you put forward the defence that this account had not been set up by you, that the employer made no effort to consider or investigate whether or not that was the case. This is important, and will be if the matter goe to ET. Because to the uninformed, it might seem like it was reasonable of them to dismiss (of course, I haven't seen the page so can't comment on the content and whether it was sufficient to warrent dismissal). Have you had an appeal hearing?

And did they investigate this at all? Have they sought to speak to the employee who you claim set up the account?

Well, if he wants to addres the issue, he needs to take the employer on sooner or later. Will the employer get funny about it? Probably so. The OP just needs to make sure he's well prepared and gathers evidence as the matter progresses.

Yes and Yes.

Did you make it clear during the investigation/disciplinary that this FB account was nothing to do with you? If so, did the employer investigate whether or not this was the case?

Haggle hard, they might well budge as it gets nearer the time. Application for costs threats seem to be standard these days.

Hey, I'm obviously getting better! I was about to post, 'Your boss will probably say, "Och Nae! Yis nae gan tae waerk fer thaem, laddie!' etc etc. Truth is a Scot wouldn't sue if they had to pay the court fee up front. I can hardly talk as a Yorkshire Jew.

To successsfully sue you (it would be in a County Court, not a Tribunal) your employer would have to demonstrate that your actions had subjected them to a detriment. So, if they were presently providing a service to this client and your going to work for this client as an employee caused the client to cancel their contract with them, then yes, they might have a case. As you describe things, that wouldn't be the case. (Sure?) So I'd say they wouldn't have grounds to sue. They might well try, and I think there'd certainly be some sabre-rattling. I don't know if being in Scotland makes a difference. Tempting to resort to national stereotypes, but I won't.

Aye.

Aye, ya sound to have got it right. Go for it.