Fairly urgent - tribunal advice needed

[MENOPAUSALADY]

Hi kingofrod

 

I wish you good luck with your tribunal........................I've been reading through the thread and I wondered if you could clarify a point.

 

You say you had two employers (both of whom you worked for part-time) and you took time to off from just one of them to care for a sick relative?

 

I am understanding that correctly?

 

regards

MENOPAUSALADY

[MENOPAUSALADY]

OK got that. for the sake of simplifiying things can we call the company you still work for A...........and the company you are currently in dispute with B.

 

So you moved from offices of Comany B from Manchester to Dorset and that was approx 18 months ago. So quite some time before you decided you needed to care for your relative. Is that right?

[MENOPAUSALADY]

Yip..........with you there.........and were Company B aware of your need to care for your Uncle? Because if they were I find it strange that they did not suggest simply transferring you back to Manchester office, especially since you are an exemplary employee of many years standing.

 

And then of course there's this matter of the member of the Dorset staff who harrased you...............and your employer did nothing about that.

 

Are you with me?

[MENOPAUSALADY]

Well of course they have failed in their duty of care...........the problem from your point of view is proving that to a tribunal.

 

I'm not sure it is really in your best interests to say that you were happier in the Dorset office........

 

......From what you've said in your post about them it seems that their business is not exaclty thriving.................... not having enough work for you resulting in an offer of 2 months unpaid leave, which you very reasonable agreed to, only to have them renage on their offer.

 

Do you no why the employee you replaced in Dorset left?.......might they be prepared to appear as a witness?

 

....sound to me like Company B think they've found a good way to make staff (namely you) redundant without having to go through the proper process.

 

Tribunals, in reaching their judgments are very concerned with reasonableness and credibility.............and I can't see how your employers actions could be described as either reasonable or credible.......please excuse my spelling...............

[MENOPAUSALADY]

You see if you could show that you would have been happy to return to the Manchester office and that that would have meant that you would not have need the time off...........and that were you to be re-instated as an employee you would be happy to work in the manchester office you would have, in my opinion a much stronger case. It may be an idea to seek disclosure of your employment record from the Manchester Office, showing that problems did not start until you moved..........but you may well think I'm barking up the wrong tree of course.

 

I hope my thoughts have helped

 

kind regards

menolady

[MENOPAUSALADY]

Also when and if you do get to tribunal hearings and Company B find out your calling former Dorset employee...........that may put the wind up a them bit.......if you see what I mean.

 

I took my employer to tribunal back in 1996 for sexual discriimination and constructive dismissal...........I didn't use lawyers. I won the discrimination but not the constructive dismaissal...........but then I'd resigned due to all the bullying and harrsment.

 

 

anyhoo as i say i hope my thoughts have helped...............

[MENOPAUSALADY]

well i wish you the best of luck............i'd be interested to hear how you get on.

 

cheers

menolady:madgrin:

[MENOPAUSALADY]

Alrighty, so today I got a letter from the respondent's solicitor. It's entitled "WITHOUT PREJUDICE SAVE AS TO COSTS".

It says that they (the respondent's solicitor) do not believe I have any chance of winning this case. They stop short of saying I'm being silly persuing things, but list a number of reasons why they think I'm flogging a dead horse.

 

Hi kingofrod

 

Of course the repondent's would prefer that you don't persue the case, after all who in their right mind gets involved in litigation unless they absolutely have to, your already costing Company B money, as they are paying for this solicitor.

 

I suggest you pay particular attention to what they write about the reasons they reckon you have little chance of being sucessfull. As this is likely to form the basis of they're response. If you look at this in a positive way, what they are doing is giving you a bit of a sneek preview of how they intend to defend themselves. Using that information may aid you in prepairing your bundle etc..............

 

regards

MENOLADY

[MENOPAUSALADY]

Having said that, I can't see what would prevent you from contacting the Tribunal Service to ask for information regarding respondent's or their solictors pursuing applicants for costs. Remember you are an aggrieved emlpoyee, not a solictor and therefore not expected to know the finer points of the law. You might even get that kind of info from the Industrial Tribunal Service website.

 

The company I took to tribunal engaged both a solicitor and a QC, must have cost them a fortune, and although I partially won my case the respondents did successfully manage a fair degree of damage limitation.

 

regards

menolady

[MENOPAUSALADY]

Hi HB

 

yep............that's what i believe........if i cast my mind back, costs may only be awarded if an applicant's case is "vexaicous"..................although i don't think i ever understood what that meant really.

 

regards

menolady

[MENOPAUSALADY]

Hi Kingofrod

 

You might want to try reading the info on the directgov website link below :

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Employmenttribunals/DG_10028122

[MENOPAUSALADY]

Hi kingofrod

 

thought you might find the CAB website helpfu, regarding preparing an employment tribunal case.............

 

good luck:-)

 

 

[MENOPAUSALADY]

Hi kfrod

 

You may find the following info interesting its from directgov webite, regarding your right to time off for dependants link below:

 

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10026555

 

bye for now

menolady

[MENOPAUSALADY]

 

I have submitted my list of documents to the other side already..... Can I still refer to this section in the Tribunal?

 

Hi kingofrod

 

as far as i know there is nothing to prevent you adding additional information to your bundle, but perhaps becky will know more.