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unfairdismissal2

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Everything posted by unfairdismissal2

  1. unfairdismissal2
    But you discouraged me even to put initial fight. It is not only about winning the case but also about making up for your losses. Tribunals are conservative about compensation they offer and can even make cost order in case its compensation is less than what respondent had offered. If I had no case then respondent would have never made the offer. And if I had listened to you then I wouldn't even have filed the claim.
  2. unfairdismissal2
    Thanks to members like altobelli for all the encouragement and help. And also thanks to members like Emmzzi for the discouragement which helped me fight with vigour.
  3. unfairdismissal2
    Hi All, The matter is almost to the end now. There is a settlement with some respectable amount which covers my losses till date and few more months in future. COT3 provided by respondent mentions amount xxx minus tax and NI. During the negotiation I asked respondent's solicitor about tax liability and she said that because of the amount being discussed (I guess she meant Please help me. ACAS seems to have jumped the gun and too eager to get matter closed. They were very sweet till there was no agreement and now being very rude.
  4. unfairdismissal2
    Please help me in preparing the witness statement for employment claim. I have hearing on next month and I have to submit witness statement on Tuesday. where to put facts and where to put opinions. what are the tricks and strategies.
  5. unfairdismissal2
    Hi, I have a hearing on 6th May. And I have to submit witness statement by Tuesday 1.30 pm. Can you please guide me in how to prepare witness statement.
  6. unfairdismissal2
    Read on findlaw co uk that "You give evidence under an oath or affirmation, and if you lie you can be convicted of perjury.". Ex-Manager is lying wilfully about conversation.
  7. unfairdismissal2
    I am not an expert or experienced in these matters. Pre-hearing was the first time I went to any court. I am going by my emotive values.
  8. unfairdismissal2
    If it won't help then there is not need for him to deny the conversation. Just want to prove how he is lying.
  9. unfairdismissal2
    Thanks for the advice.
  10. unfairdismissal2
    That was the conversation when I told him that I was stressed for personal reasons and detailed him events related to that in week before alleged issue happened. But he is now denying that conversation. HR person was also present.
  11. unfairdismissal2
    I am not sure how the process works. I am expecting a witness statement from my manager and HR representative first before I tell them.
  12. unfairdismissal2
    ACAS did contact me couple of times. I reduced my compensation based on their suggestions. But no figures came in from respondent.
  13. unfairdismissal2
    Just an update. I had a pre-hearing last week. Judge looked balanced but was concerned about many items in my compensation sheet. Hearing will be in May. Various dates were given about witness statements exchange etc. Respondent's lawyer indicated that my manager is refusing some important content of telephonic conversation I had with him during disciplinary process. I am no longer using that phone but I had recorded the conversation using trial version of 'Total Recall' on Symbian. I am waiting for witness statements before I disclose it. They were also indicating unwillingness about meeting recordings. Lawer had put in her blog in August about her client's concerns about recording. But judge agreed that as an admissible evidence. I was suggested by Judge to take help from Law Center federation. Thanks all for your help.
  14. unfairdismissal2
    I am being contacted by ACAS this week. Below is their email ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- XXXX, Further to my call, I have spoken to the respondent's representative who has indicated that they would only be willing to discuss a commercial level settlement to your claim. The level of compensation that you have already indicated on your tribunal claim form that you are seeking is not a sum that they are interested in discussing . Please let me know if you wish to put forward a proposed figure for settlement that I can discuss with the respondent's representative --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Am I entitled for a legal advise and cost for same to be paid by respondent to give a figure? thanks for reading.
  15. unfairdismissal2
    where did you read that?
  16. unfairdismissal2
    not sure..they have declared it at least 6 months back...but didn't know that online will stop working at 4pm on friday..my solicitor informed me...ignorance of law is not an excuse. filling ET1 is not very difficult. i was under impression that I have to write everything but solicitor said only write the sequence of events and in the end mention that you want to claim unfair dismissal etc against the decision..you later get a chance to submit a witness statement which could be very detailed.
  17. unfairdismissal2
    Last date for submitting online ET1 form for tribunal claims is Friday 4pm. saw this on justice gov uk site. From Monday you have to pay to pay some £300 fees for submitting the form as well as some £950 for hearing. Right now it is all free. New form ET1 A revised ET1 claim form will be introduced on Monday 29 July 2013. From that date, the new claim form should be used to present a claim. Please note: The online submission service will no longer be able to accept claims from 4pm on Friday 26 July 2013. The new online submission service, with the new ET1 form, will be available from Monday 29 July. Further information. See http://www.justice.gov.uk/forms/hmcts/employment
  18. unfairdismissal2
    that is a very good suggestion Atlas01. Thanks for that. I will try my best of not giving them further chance.
  19. unfairdismissal2
    thanks altobelli. new suspension is because they think they lack trust and confidence in me that I will not work on legitimate instructions in future. I am still suspended because I think they don't want to work with me till matter is resolved. I may have to say sorry 10 times in next hearing for them to take me back. companion is not my selected one as I didn't want to risk my friends career. I picked from employee representatives. He just takes notes. I have everything on tapes. I would prefer 3rd option of CA.
  20. unfairdismissal2
    Ok..thanks altobelli and Emmzzi for putting your very opposite view points. I think as altobelli said it did help me by putting a very strong resistance. Initially my manager was supposed to head the meeting but after I put my objections it was changed to his manager who is little soft but still biased. During first hearing she made lot of comments which sounded like she already announced me guilty. I raised objections to it and I think she came down to misconduct. She did say that is not a gross misconduct because eventually I did agree to do the work. It is not my agenda to skim the employer. Just to cover what ET would have given - costs for few months till I get job, relocation expenses, loss of statutory rights etc. I have been an extraordinary resource and had worked 2-3 times better than next best person. But it was just a bad day and bad task which management didn't try to understand and escalated the situation. They put me in so much stress and now they are saying that my attitude during process has caused them lot of concern. I don't care! I am not a difficult person to work with. Till my ex-manager was there until 23rd Feb there were no issues. And new manager has mismanaged in less than a month even when I am not working with him as I am on loan. When I came to new team on 4th Feb I was in similar situation. On first day only scrum master put in lot of pressure and I left office in second half on 5th because of stress, didn't come to work on 6th feb. On 7th I talked to my ex-manager and he took me out of that task and I did extra ordinary work there. Management is not all about discipline.
  21. unfairdismissal2
    lot of comments here are about warning me..I don't really care if my job goes..i will get another job... only concern will be some financial loss and issue around reference.. I will more appreciate if there are comments around nuances of employment law - can loss of confidence be reason for dismissal, are two disciplinary processes one after other followed in proper way...first hearing outcome appeal is yet to be heard and second hearing is already schedule based on first hearing's outcomes..is it valid..can final written warning for misconduct in first and another warning for SOSR (some other substantial reason) be combined together?...employer's process mention on page3 -here point 7.1.2 and 7.1.3 doesn't have a definition of SOSR. But it mentions "This list is not exhaustive and the company reserves the right to include any other circumstances at its sole discretion." is it SOSR?
  22. unfairdismissal2
    thanks steampowered. Instructions were not given by my manager but by fellow colleague like me who they now say have authority to give me orders. this was followed by 2 meetings by my manager. and in second meeting I did agree to do the task. I don't understand why there is so much focus of apologising? If you feel you have not done something wrong or it is such a negligible thing that it is not really worth apologising then why should I? I have already made up my mind of leaving this organisation. there is no other team I can go to. I think best way out of this for both will be to have some compromise agreement. why you but management here were fully determined to dismiss me..but only my strong resistance and indication of legal action has deterred them. here is an employer which has completely disregarded the fair principles in dealing with an employee. I have seen contractors getting paid 500 quids per day who are working here for more than a year with zero performance and managers say that give them some time. And in my case just one day's delay for some useless word is escalated to such levels.
  23. unfairdismissal2
    Today adjourned hearing was concluded. Outcome of hearing was to issue the final written warning which I have appealed now. They found that it was not gross misconduct but a misconduct. But I was again suspended immediately with full pay for breakdown in the trust and confidence. And there will be another hearing on 24th by some independent manager. Appeal for first hearing will soon be scheduled and that process will run parallel to new hearing process. Hearing letter mentions that - my attitude during whole disciplinary process shows that I do not seem to have faith in my colleagues and managers and that I will not do something which falls in my remit when asked to do. it mentions that I don't seems to recognise that compliance with work instructions is my key obligations under contract of my employment.
  24. unfairdismissal2
    Vaughan v London Borough of Lewisham is probably a case of discrimination and recordings were of 39 hours...i have recording of hearing only, time when I was in meeting..not even their private deliberations as dictaphone was in my pocket.. there are many other cases where covert recording was allowed by ET except private deliberations..even private deliberations are allowed if claimant can prove that, that is the only evidence he/she got.
  25. unfairdismissal2
    I am not posting transcripts. 1.5 hours conversation is a lot of efforts even if I have spent much more time on this forum. I will post few statements probably. Also I will not let my employer that I have audio until all process is complete and ET claim is filed.

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