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Employment tribunal hearing coming up


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2.1 is bullet point details of your complaints.  Presumably discrimination. 

 

I really do think you should speak to someone that handles employment legal issues, otherwise you risk making  mistakes which may harm your case.

 

When you say breach of TUPE regulations, what regulation have they breached ?

 

Be careful not to use the word lie in the proceedings( either in documents or at the hearings).  Just present information and let those hearing you come to their own conclusions.

 

From what you have said in your thread, clearly there has been a breakdown of the relationship between some of the managers of the business and yourself.  They wanted a level of flexibility in working arrangements that could not be agreed.

 

Were the days/hours of working part of the original employment contract or part of an agreed change to your employment contract ?  Do you have a copy of the employment contract or anything in writing from a line manager confirming agreed days/hours would be officially noted in your employment contract ?

 

From what I have seen with employment contracts and days/hours of working, the contract states when the business is open for staff to work and how many hours per week the contract is for. But the contract usually states that exact days/hours of working will be agreed with local managers and may be subject to change to suit the needs of the business.

 

Employment law is really complicated and you need to pinpoint your case to state exactly what laws the employer has broken with evidence to support.   Which is why I recommend that you speak to someone legally qualified.  

 

Why only ask for £1?   Again which is why you need advice from someone that handles these cases on a regular basis. They will know exactly what should be entered on these forms.

 

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TUPE as far as I understand it, just covers basic employment contract rights. So would not cover the new employers changing flexible working or how many weeks holiday an employee can take at anyone time.

 

If you cannot afford a Solicitors, you might want to ask ACAS questions to clarify points of law on the main issues you are raising. Or some Solicitors offer free half hour consultation, where you can ask questions.

 

What are you going to do, if the employers submit evidence of your unreasonable behaviours and advise that whatever the outcome, they no longer want you as an employee ? 

 

You need to question your strategy here as your relationship with employers is now broken down, so asking for £1 may not be best option. What would be fair settlement, if you managed to prove your case.

 

 

 

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2.1 will be the complaints you listed when you challenged the employers using any internal grievance process.

 

3.3  N/A as £1 symbolic payment requested only. Claim is to ensure employers comply with my employments rights as noted above.

 

4.2 ???  Are you aware of any issues that need to be resolved, before a Tribunal considers the case being made ?

 

8.1  How long do you think is needed to consider all of the issues you want to raise ?  I think it is a max of 3 hours ?

 

9.1   This is about any pre-tribunal activities that are ongoing before the case is heard.  For example, you might be in the process of obtaining more information from the employers and they have said they will provide it by x date.

 

As I have said before,  you really should get some professional advice before you attend the tribunal.  At the moment, I fear that you are not very well prepared, as you don't have your case stated in a clear way, stating the specific employment law rights that the employers have broken.

 

 

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Ask about TUPE.

 

Would it cover hours of work or longer annual leave arrangements that had been agreed with previous company ? This was to help primary carer of children manage caring responsibilities with work.

 

The questions will relate to whatever the complaints were, when grievances were raised with employers. The tribunal is a continuation of your complaints you raised with employers.

 

You need to ensure you are specific in your complaint. Law and evidence of how employers have not complied.

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  • 2 months later...

Up to you really. If someone qualified has looked as your case and does not feel that you have a good case to bring, as you don't have enough evidence, then I can see why you are looking to withdraw.

Or you proceed and the company does not adequately defend, so you win.  

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