Developments the day before an ET!!!!! *************Won********* ******

[hhh_88873]

The offer went up to £600 today along with a warning tht if I dont take it then they are going to file for costs against me. They STILL havent released documents to me.

[honeybee13]

Hello there. I have no experience of tribunals, but it sounds to me like a good sign if the offer has gone up. If they were sure of their ground, wouldn't they have left things as they were?

 

I'm sure the others will be to comment for you.

 

My best, HB

[hhh_88873]

Well I spent 15 mins on the phone to an et clerk today who said the letter I was sent tellin them that my ex ER had been issued a warning, wasnt actually a strike out warning, more just a strongly worded reminder that they needed to get it sorted. Appaerently they are writing to them again today giving them 7 days to tell the et what address theyve got for me, and why they havent responded. If they dont reply then Il be able to file for a default judgement, even though I already have.

 

I filed an objection to them having an extension under rule 11, but the judge said its akready arranged now.

[Marieleeza]

The offer went up to £600 today along with a warning tht if I dont take it then they are going to file for costs against me. They STILL havent released documents to me.

I would say that they have no chance of costs. You have a genuine case which you have conducted in an orderly fashion so they have NO HOPE.

[hhh_88873]

Im thinking theyre just flinging scare tactics. Problem is, I dont scare easy..............

[Marieleeza]

Im thinking theyre just flinging scare tactics. Problem is, I dont scare easy..............

You sure don't. I would love it if you got the default judgement but I don't think it happens too often.

[hhh_88873]

I think if they carry on with the arrogant way they have behaved, then surely the judge will have no choice? If they keep refusing to send me any documents right up until the death, and I keep asking the judge for it and making them aware that the other side arent doing what theyve been told, then surely the judge WOULD have to issue default judgement right?

[Marieleeza]

I think if they carry on with the arrogant way they have behaved, then surely the judge will have no choice? If they keep refusing to send me any documents right up until the death, and I keep asking the judge for it and making them aware that the other side arent doing what theyve been told, then surely the judge WOULD have to issue default judgement right?

Oh I do hope so. I see a vision of 17.5K but then I always was a greedy bu**er.

 

The pressure of court is very great on those who are telling porkies so they will crack before you do.

[hhh_88873]

Good grief Im never gonna see anywhere near anything like that, Ive known that from day 1

[Marieleeza]

Good grief Im never gonna see anywhere near anything like that, Ive known that from day 1

 

The fantasy is that you get the default judgement and all the money you asked for. I thought you mentioned 17.5 earlier!

[hhh_88873]

Thats what my loss of earnings will be by the day of the ET, but if I get offered a decent settlement Ill take it. With a baby due in ten weeks and a new house in the next fortnight or so, I have to think of my responsibilities first and minimising the risk of winding up with nothing.

[Marieleeza]

Thats what my loss of earnings will be by the day of the ET, but if I get offered a decent settlement Ill take it. With a baby due in ten weeks and a new house in the next fortnight or so, I have to think of my responsibilities first and minimising the risk of winding up with nothing.

Oh yes but if all you are being offered it a few hundred, you might as well go along and see what happens. The pressure on them is building and they could bottle out totally.

[hhh_88873]

True, I can but hope

[hhh_88873]

Ok, Ive spoken to two of the guys on the site where my incident happened. One of them was the guy that was with me during my initial incident and he has given a statement saying I was in the right.

 

Both of them had been listed as witnesses by the former employer, but both have now tuped to a different firm as my former employer has lost the contract.

 

Theyve both made it clear they have no intention of turning up to give evidence for my former employer as they feel it was out of order what happened to me.

 

That combined with the other witness still not being sure to show up, does that strengthen my position at all?

[RachelMD]

Won't do it any harm.

 

I do think you need to have a good look at your claim, and make sure that you're concentrating on the aspects that will give you a prospect of success.

 

I get the feeling that perhaps you're dwelling on a UD case that might well not get off the ground. I can't remember (and I've just had my tea and am feeling too lazy to go look) the specifics of what you put on the ET1, but make sure you're emphasising the right parts.

[honeybee13]

Hello again.

 

Forgive me if I've got this wrong, but from a quick read of the Tribunals Service website, I think witnesses can be summoned to a tribunal. Has this happened with your ex-colleagues or could it?

 

If I've understood this right, they might not have an option about whether to attend.

 

My best, HB

[RachelMD]

Aye. Though if they were unwilling to attend on behalf of a party, that party would typically have to be suicidal to make such a request.

[RachelMD]

Actually, further to #90, I was just looking at this, H.

 

http://etclaims.co.uk/2011/07/the-elevator-pitch/

 

So, what's your 'Elevator Pitch'?

[hhh_88873]

Love it, elevator pitch, thats brill.

 

Ok mine would be along these lines.

 

Ive done my job for ten years, I am highly trained, and have been licensed and vetted for the same amount of time. I have 3 civil commendations, 2 for for extreme bravery. I know my job and I know it well. My employer decided my face didnt fit and used a ridiculous scenario to dismiss me. They have no witnesses to say other wise as every person who has seen this has stated the same thing. I did nothing wrong.

The CPS, both witnesses, an MP, A police inspector. in fact there is only one person saying I was in the wrong and thats the head of HR. The same head of HR that has refused to follow ACAS procedures. The same head of HR that didnt follow her own procedures when allowing my dismissal. The same head of HR that blatantly and repeatedly ignored reasonable orders from the tribunal. How much more proof is needed when the evidence is stacked up on this level that they were wrong, and unjust?

Edited July 14, 2011 by hhh_88873
addin a line

[hhh_88873]

As for the witnesses, they wont attend. Theyve said that quite clearly. They are perfectly happy to give a statement saying I was in the right and they feel the company was wrong, which would make 3 former employees saying the same thing, but I have doubts as to whether it would hold any water as 1 of them was dismissed by the same employer, and the other two have tuped out.

[RachelMD]

Love it, elevator pitch, thats brill.

 

Ok mine would be along these lines.

 

Ive done my job for ten years, I am highly trained, and have been licensed and vetted for the same amount of time. I have 3 civil commendations, 2 for for extreme bravery. I know my job and I know it well. My employer decided my face didnt fit and used a ridiculous scenario to dismiss me. They have no witnesses to say other wise as every person who has seen this has stated the same thing. I did nothing wrong.

The CPS, both witnesses, an MP, A police inspector. in fact there is only one person saying I was in the wrong and thats the head of HR. The same head of HR that has refused to follow ACAS procedures. The same head of HR that didnt follow her own procedures when allowing my dismissal. The same head of HR that blatantly and repeatedly ignored reasonable orders from the tribunal. How much more proof is needed when the evidence is stacked up on this level that they were wrong, and unjust?

 

OK.

So why should your claim, which is an unfair dismissal claim, be permitted, given that you had less than 12 months continuous service?

[hhh_88873]

Because as with every piece of legislation, you as a tribunal have the power to relax those rules. In the interests of justice and basic fairness, this is clearly one of those cases. And even in the case of the 12 month rule, there is breaches of several acts by this employer, breaches which clearly infringe on statutory rights such as the right to rest periods, the right to have a family life, and perhaps the most important of all, while not outlined in employment law, but most definitely outlined in the most basic of human rights, the right to not be punished for a crime that I did not commit.

[Marieleeza]

Because as with every piece of legislation, you as a tribunal have the power to relax those rules. In the interests of justice and basic fairness, this is clearly one of those cases. And even in the case of the 12 month rule, there is breaches of several acts by this employer, breaches which clearly infringe on statutory rights such as the right to rest periods, the right to have a family life, and perhaps the most important of all, while not outlined in employment law, but most definitely outlined in the most basic of human rights, the right to not be punished for a crime that I did not commit.

I agree. Where an allegation is highly prejudicial to future employment, it is unacceptable for an employer to be allowed to accuse and "convict" a worker unjustly just because they have not completed a year's service.

 

They could of course counter with the old "reasonable belief" but as they refused to mitigate the decision in light of testimony from reliable witnesses and CCTV, I think they demonstrate "wishful thinking" rather than "reasonable belief".

 

They were probably only following company policy "When caught out - just lie - we will back you all the way". This is the policy in so many workplaces.

[hhh_88873]

Well they had ample room to mitigate. Their options were to NFA it, First verbal warning, first written warning, final written warning, or in extreme cases, a final written warning and a weeks unpaid suspension.

 

So its not like there wasnt ample other options other than dismissal.

In their contract they also have an interesting clause that says an employee will not be dismissed for a first breach of discipline, excepting in the cases of gross misconduct.

 

I had a completely clean employment history, so clearly being dismissed was epicly harsh.

[Marieleeza]

Well they had ample room to mitigate. Their options were to NFA it, First verbal warning, first written warning, final written warning, or in extreme cases, a final written warning and a weeks unpaid suspension.

 

So its not like there wasnt ample other options other than dismissal.

In their contract they also have an interesting clause that says an employee will not be dismissed for a first breach of discipline, excepting in the cases of gross misconduct.

 

I had a completely clean employment history, so clearly being dismissed was epicly harsh.

 

I think you have got them hhh_88873 (lovely name!), the 12 month biz is irrelevant.

 

With all my psychic powers I am putting the mockers on them for you.