Employment Tribunal Questions

13567

Comments

  • matlof
    matlof Posts: 30 Forumite
    The interpreter is usefull but my wife can comunicate in english. She worked in that place for 3 years and there was no complains about her language skills. All managers were happy with her work before.
    But during meeting they said that my wife because of sick leave during pregnancy and matternity leave didn't work enough hours and didn't have enough trainings and it wasn't true she had much more hours than NMC reqirements, so this what Employer said was only excuse. In that way they wanted put preasure on my wife, to make her think that she will be unable come back, so the best she can do is agree for money what they offered instead resignation.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    matlof wrote: »
    The interpreter is usefull but my wife can comunicate in english. She worked in that place for 3 years and there was no complains about her language skills. All managers were happy with her work before.
    But during meeting they said that my wife because of sick leave during pregnancy and matternity leave didn't work enough hours and didn't have enough trainings and it wasn't true she had much more hours than NMC reqirements, so this what Employer said was only excuse. In that way they wanted put preasure on my wife, to make her think that she will be unable come back, so the best she can do is agree for money what they offered instead resignation.

    Does she need an interpreter or not? It's a simple question!

    I assume you are paying for them yourself?
  • matlof
    matlof Posts: 30 Forumite
    Sorry but you need proper legal advice before this goes badly wrong!

    What you "consider" is irrelevant. Either it is unlawful or it is not, that is all that matters.

    If she "doesn't meet NMC requirements to renew her nurse registration" it would be illegal for them to employ her as a nurse so that would be a valid reason to dismiss.

    Have the tribunal agreed to accept a written transcript of this recording as evidence? It is far from certain that they will. The employer's lawyer will do all they can to get this excluded. Whilst such recordings can be accepted in some circumstances they are frequently not allowed. It is for the judge to rule on this.

    I repeat, get proper advice.

    But my wife meet NMC requirements, Employer just wanted to use that as an excuice to put preasure on my wife.
    Yes tribunal acepted transcript.
  • matlof
    matlof Posts: 30 Forumite
    IAmWales wrote: »
    Does she need an interpreter or not? It's a simple question!

    I assume you are paying for them yourself?

    Yes we need interpreter as we do not know different legal vocabulary
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    matlof wrote: »
    Yes we need interpreter as we do not know different legal vocabulary

    The interpreter will only repeat word for word what is said. They're not there to explain things to you!
  • IAmWales wrote: »
    The interpreter will only repeat word for word what is said. They're not there to explain things to you!
    Yes I know that.
    That is why I asked some questions here, but till now I didn't received any help.
    For us the most important is to show how terible is the behawiour of General Managers, Regional Directors in that company. How are they treat the employee and that it is oposite to what they claim.
    If we can win the case will be great. I think that we have few proves that she was treated worse than before she made first grievance.
    Can someone write me if in victimisation is reverse burden of proof if not, how it looks like?
  • lincroft1710
    lincroft1710 Posts: 17,545
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    matlof wrote: »
    If we can win the case will be great.

    If you win the case it will be a b****y miracle!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • IMO, the OP and his wife have two hopes of winning their case .................. no hope and Bob Hope :rotfl:
  • Comms69
    Comms69 Posts: 14,229
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    matlof wrote: »
    Yes I know that.
    That is why I asked some questions here, but till now I didn't received any help.
    For us the most important is to show how terible is the behawiour of General Managers, Regional Directors in that company. How are they treat the employee and that it is oposite to what they claim.
    If we can win the case will be great. I think that we have few proves that she was treated worse than before she made first grievance.
    Can someone write me if in victimisation is reverse burden of proof if not, how it looks like?
    I don't understand what you mean by victimisation.


    As you are claiming constructive dismissal, the burden of proof is solely on you.


    Their behaviour will not be a factor, unless it's unlawful.


    At the minute all I can see is they made a mistake - a reasonably easy one to make. If Sick leave and maternity leave took her below the 450 hrs required, or they thought it might do - it's a very reasonable discussion to have.


    It doesn't matter if she was treated badly quite frankly, the behaviour must be so extreme as to leave no other option than to resign.
  • matlof
    matlof Posts: 30 Forumite
    Comms69 wrote: »
    I don't understand what you mean by victimisation.


    As you are claiming constructive dismissal, the burden of proof is solely on you.


    Their behaviour will not be a factor, unless it's unlawful.


    At the minute all I can see is they made a mistake - a reasonably easy one to make. If Sick leave and maternity leave took her below the 450 hrs required, or they thought it might do - it's a very reasonable discussion to have.


    It doesn't matter if she was treated badly quite frankly, the behaviour must be so extreme as to leave no other option than to resign.

    By victimisation I mean that they treated my wife worst because she started before employment tribunal claim because of race discrimination.
    It wasn't just a mistake. They know that my wife has more than 450 hours, she had more than 2000 and they were not telling true about requirements. They were thinking that after that threats my wife will resign.
    They were lying but during grievance they made my wife looking like the liar. Before they said that they consider as she will not be safe for the patients so how she could come back to that work place?
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