Employment and evidence for tribunal. - ** SETTLED **

[diva1987]

Hi, I have a employment tribunal against my ex employer. I was dismissed for theft and they realied on anonymous witness statements only. They have now accused me of being a bully and indimidating without any evidence to back up this allegation. I 100% deny being both a theif and a bully. They have now changed variouis parts about there version of events when I argued in the discaplinary that they were not correct. Can they do this? Change there story slightly because i proved them wrong? I now have all there evidence and was wondering wether they may be able to use fabricated evidence? Are they allowed to use "evidence" at the tribunal which wasnt given to me prior to the tribunal? Any help would be appriciated because i do feel my ex employer with go to any lengths to get out of it. They have told me that 2 people witnessed me doing this and gave the information to my manager. Bearing in mind i have no idea if this has even happened as i have no statements or any indication to say anyone had backed up the story. Thanks

[lbruk]

Request to see this evidence.

[diva1987]

Im not even sure they have evidence for this allegation. They said I was a bully but did not give evidence to back there claim up. Which makes me wonder, are they able to give any other "evidence" on the day of the tribunal or does all evidence have to be in the ET3? Thank you

[lbruk]

even more reason to request to to see it then! If they haven't made investigations in to your "theft" then how could they dismiss you unless there is a feeling on animosity within the ranks. How long had you worked there?

[SweetLorraine]

Hi,

 

the starting point for the ET is your complaint (ET1) and the respondent's defence/response (ET3).

 

From there both sides move on to compile all the supporting documentary evidence which should (a) support their side of the story and perhaps (b) cast doubt on the other side's version of events. You can request documents from your ex-employer. If your ex-employer refuses to disclose them (and you feel that that refusal is not justified) you can ask the Tribunal Service to order your ex-employer to hand them over to you.

 

Once both sides have gathered their documentary evidence they create a list of these documents and these individual lists are exchanged between the parties. If there are any unfamiliar documents listed by either side the other side can ask to view them.

 

Once both sides have compiled their supporting documentary evidence the documents are brought together into (what's called) a bundle and this will be presented to the Tribunal Panel on the day of the hearing. The respondent (your ex-employer) is usually responsible for collating the bundle - such as sorting all the documents out into a chronological date order, ensuring they are all single sided and numbering each page in the bundle. (Worth noting that just because the respondent is responsible for collating the bundle that doesn't give the respondent the automatic right to tell you what you cannot include in the bundle. It is for you to decide what is relevant to your claim. There may be issues around personal data protection and commercially sensitive documents, but obviously it is to the respondent's advantage, and your disadvantage perhaps, if they can persuade you to omit documents which would undermine their defence).

 

I believe that sometimes the respondent turns up on the day of the hearing itself with documents to be added to the bundle. Time is allowed for the claimant to examine these documents and an adjourment can be requested by the claimant.

 

I hoped I have flagged up a number of opportunities for you to pick up on the documents the respondent may relay on at the tribunal. I'm not a legal eagle myself - just a claimant who has picked up some of this along the way as I head towards my own ET.

 

I would also add that if it looks as though your ex-employer has radically changed their version of events during the internal processes then that could well weaken their position when they come to offer a coherent, credible defence.

 

Can they go around changing their versions of 'reality' you ask? - of course they can.... while it's an internal matter.

 

Now that you are taking them to an external hearing (which they can't control and to which they will be held accountable) they are not going to look too good if you can show what they have been up to. They may well pull any number of stunts along the way to derail you before you get to stand up in front of that Tribunal panel. But remember the Tribunal Service offers you some protection from your ex-employer's pre-hearing tactics.

 

I should add that besides the documentary evidence mentioned above you will also exchange witness statements before the tribunial hearing. After that you should have a good idea of the shape of their resistance to your claim.

 

All the best.

Edited May 28, 2012 by SweetLorraine

[diva1987]

Hi, Worked there for 8 years and had no warnings for anything for the first 6 years. I was suspended twice and this time I was dismissed.

[diva1987]

Well I emailed my ex employer last night and asked if it would be possible to get there evidence. It now seems that I should not have contacted them and it could be seen as harrasment. I was not able to speak with the solicitor so just went and did it following the advice to ask for it.How should I have asked for the evidence then if its harrasment if I personally ask for it? They have offered me £900 to settle out of court this morning also.

[lbruk]

HAHA, thats comical, accusing you of harassment when they have dismissed you. Brilliant, why didn't i think of that, wait i know why, because it ridiculous!

 

Is £900 an acceptable settlement for you?

[honeybee13]

Hello there.

 

If they're offering money, you must have them rattled.

 

My best, HB

[diva1987]

I know I was shocked when they told me this morning that it was seen as harrasment. I am more than happy to put the email which I sent as I doubt anyone would think it was harrasment. It was mearly an email requesting further evidence they have to support their claims in their grounds of resistance. They called me a bully, I ask politely for any evidence then I'm told I'm harrasing them! WHAT!? If anyone would like to see the email I sent I will upload it as I really don't see how it could be seen as harrasment in any way.

[diva1987]

Also I along with the duty solicitor I spoke with today do not believe £900 is an acceptable offer I have now turned this down. My schedule of loss which was done for me is £10,490 in total.

[diva1987]

Hi, all again! Just got the evidence through from them and it appears they do not have any evidence of intimidation they have so easily accused me of! They have included an anon letter given to my ex employer which i dont have a clue what its about as she has blanked out all the names in the letter. She has also said i admitted to something else in the informal meeting which i didnt. I have always maintaned my word and would not admit to anything i had not done. She took notes of this meeting but they are not included so how do i prove i never admitted what she is saying i said. Any ideas??

[Emmzzi]

at ET they need to prove they acted reasonably. They cannot expect you to disprove non existent evidence. Just be calm and hang in there.

[diva1987]

I walked away from this whole mess for £2000 today. I know I could of probably won more at the tribunal but to be honest I had no more fight left in me. The last 7 months have been hell for me and I can finally move on with my life. I hope my ex collegues never have to go through what I have and are forced to realise that none of their so called friends and colleagues are willing to help, maybe through fear of there own employment. I will probably never find out why they wanted me out but I've realised that I should just forget about the whole thing and move on. Thanks everyone for all your help.

[honeybee13]

Hello again.

 

Well done you for settling. Nobody here is going to criticise you for walking away when the time was right for you. It's good that you feel you can move on and I hope you can put this behind you and start a good new chapter of your life.

 

Thank you for remembering to come back to tell us.

 

[And you're right about not relying on colleagues to back you when the chips are down, it's been said here many times. It's a tough lesson to learn.]

 

I'll change your thread title.

 

HB x