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  • FIRST POST
    • Nellie100
    • By Nellie100 26th Nov 17, 9:53 PM
    • 2Posts
    • 0Thanks
    Nellie100
    Emploment tribunal and dirty tricks!
    • #1
    • 26th Nov 17, 9:53 PM
    Emploment tribunal and dirty tricks! 26th Nov 17 at 9:53 PM
    Hi guys, i'm taking a big professional body to an employment tribunal for discrimination. The basics are they punished me just for being off sick.
    Anyway they put their response on my ET3 and it said things that were not at all relevant with the only purpose of making me look bad. They quoted me as saying things I had never said! they put things out of context. Then...can you believe... they stated that their own policy (which I said they hadn't followed) was untrue, but didn't explain how or why.

    I do have evidence of everything including the laws/legislations/policies and their own guidelines they have broken. I think they are so huge and they have got so many people involved they do not actually have a clue about my case, which is an advantage.
    They say they want my claim struck out and for me to pay the costs.

    They also have a 'senior law advisor' who is also a solicitor, as well as a barrister! is that allowed? how many people do I have to deal with?

    I think my case should be strong, its just how I present myself on the day, and making sure I stay calm and level headed and don't break down any advice with that?
Page 1
    • dippy3103
    • By dippy3103 26th Nov 17, 10:34 PM
    • 1,757 Posts
    • 2,630 Thanks
    dippy3103
    • #2
    • 26th Nov 17, 10:34 PM
    • #2
    • 26th Nov 17, 10:34 PM
    I found this website today which had some useful advice on it

    http://derbyshirelawcentre.org.uk/lip-service/
    • xapprenticex
    • By xapprenticex 26th Nov 17, 10:35 PM
    • 1,316 Posts
    • 1,227 Thanks
    xapprenticex
    • #3
    • 26th Nov 17, 10:35 PM
    • #3
    • 26th Nov 17, 10:35 PM
    You're taking a big bloody risk representing yourself. Its you verses professionals who know everything inside out.

    But just so you know, you can lose your job for JUST taking days off sick.
    • jobbingmusician
    • By jobbingmusician 26th Nov 17, 11:08 PM
    • 18,835 Posts
    • 19,146 Thanks
    jobbingmusician
    • #4
    • 26th Nov 17, 11:08 PM
    • #4
    • 26th Nov 17, 11:08 PM
    I found this website today which had some useful advice on it

    http://derbyshirelawcentre.org.uk/lip-service/
    Originally posted by dippy3103
    Pure gold! Thank you, dippy. I'll try to store this somewhere useful for others to refer to.
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

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    • dippy3103
    • By dippy3103 27th Nov 17, 12:01 AM
    • 1,757 Posts
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    dippy3103
    • #5
    • 27th Nov 17, 12:01 AM
    • #5
    • 27th Nov 17, 12:01 AM
    Pure gold! Thank you, dippy. I'll try to store this somewhere useful for others to refer to.
    Originally posted by jobbingmusician
    Itís brilliant isnít it? So easy to follow and lots of great info
    • TELLIT01
    • By TELLIT01 27th Nov 17, 8:21 AM
    • 4,276 Posts
    • 4,454 Thanks
    TELLIT01
    • #6
    • 27th Nov 17, 8:21 AM
    • #6
    • 27th Nov 17, 8:21 AM
    They also have a 'senior law advisor' who is also a solicitor, as well as a barrister! is that allowed? how many people do I have to deal with?
    Originally posted by Nellie100
    Of course it's allowed. They can have as much legal muscle behind their case as they wish. It isn't a game, where somebody is ensuring that both sides are approximately equal. As has already been said, you could be taking a huge risk representing yourself against a setup like that. As has also been said, you can be sacked for what the company considers excessive sickness absence.
    • steampowered
    • By steampowered 27th Nov 17, 9:38 AM
    • 1,959 Posts
    • 1,831 Thanks
    steampowered
    • #7
    • 27th Nov 17, 9:38 AM
    • #7
    • 27th Nov 17, 9:38 AM
    I think my case should be strong, its just how I present myself on the day, and making sure I stay calm and level headed and don't break down any advice with that?
    Originally posted by Nellie100
    Don't take the ET3 personally. It is not unusual for employers to say aggressive things in their ET3.

    When you get to the hearing, the most important thing is whether or not you have a legally valid case.

    That is ultimately what the tribunal has to decide.

    You need to be able to explain very precisely what specific law you feel the employer has been breached. Ideally you should be able to point to the specific part of the legislation you are referring to.
    • IAmWales
    • By IAmWales 27th Nov 17, 11:23 AM
    • 1,864 Posts
    • 3,883 Thanks
    IAmWales
    • #8
    • 27th Nov 17, 11:23 AM
    • #8
    • 27th Nov 17, 11:23 AM
    Pure gold! Thank you, dippy. I'll try to store this somewhere useful for others to refer to.
    Originally posted by jobbingmusician
    Could we have a sticky thread with useful links like this please? The current stickies could do with a cull, or disappearing altogether.

    The Derbyshire service is also open to people in Nottinghamshire. We could find links for those in other areas too?
    • Nellie100
    • By Nellie100 29th Nov 17, 8:20 PM
    • 2 Posts
    • 0 Thanks
    Nellie100
    • #9
    • 29th Nov 17, 8:20 PM
    • #9
    • 29th Nov 17, 8:20 PM
    Sorry had problems logging in.
    I cannot be sacked for being off sick, because I have been working for the last year and a half. I work part time and I am not paying for representation because I am not doing this for compensation or myself, I am doing it to change how they treat people.
    But I'm aware I'm taking a risk and its a cause that's worth fighting for and would make a difference to a lot of people and I know I have the best case to win.

    Yes I have legislations, laws and policies they have broken and all evidence of how.
    They have just put completely irrelevant issues in the ET3 with the only purpose of trying to make me look bad. Either the judge will think I'm insane, or he'll see through their tricks and itl make them look stupid. hmm fingers crossed.

    Haven't found much help. Citizens advice were rubbish. they offered me a free half hour with a local solicitor- I rang them and they said they didn't do employment law. went back to C advice and they said there was nothing else they could do to help me as it was too complicated. I kind of just want a bit of emotional support. The main thing is going to be whether I can keep a cool head and not freak out on the day.

    I
    • jobbingmusician
    • By jobbingmusician 29th Nov 17, 8:25 PM
    • 18,835 Posts
    • 19,146 Thanks
    jobbingmusician
    Nellie, if you search this forum, you will find a very old thread which I started about ETs. Some of it is out of date, but some of the practical advice about your statement and a chronological record of when things happened might be quite useful.

    http://forums.moneysavingexpert.com/showthread.php?t=1462615&highlight=tribunal
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

    The good folk of the matched betting board are now (I hope!) supporting Macmillan, in memory of Fifigrace. Visit
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    • IAmWales
    • By IAmWales 29th Nov 17, 8:40 PM
    • 1,864 Posts
    • 3,883 Thanks
    IAmWales
    Sorry had problems logging in.
    I cannot be sacked for being off sick, because I have been working for the last year and a half. I work part time and I am not paying for representation because I am not doing this for compensation or myself, I am doing it to change how they treat people.
    But I'm aware I'm taking a risk and its a cause that's worth fighting for and would make a difference to a lot of people and I know I have the best case to win.

    Yes I have legislations, laws and policies they have broken and all evidence of how.
    They have just put completely irrelevant issues in the ET3 with the only purpose of trying to make me look bad. Either the judge will think I'm insane, or he'll see through their tricks and itl make them look stupid. hmm fingers crossed.

    Haven't found much help. Citizens advice were rubbish. they offered me a free half hour with a local solicitor- I rang them and they said they didn't do employment law. went back to C advice and they said there was nothing else they could do to help me as it was too complicated. I kind of just want a bit of emotional support. The main thing is going to be whether I can keep a cool head and not freak out on the day.

    I
    Originally posted by Nellie100
    You are taking this too personally.

    You can be dismissed for being off sick, irrespective of length of service. Are you disabled and was the sickness disability related, how much time did you have off? If you are not disabled then you have no protections in this respect as you have worked there less than two years. Even if you are disabled you can still be dismissed if they can show they have considered reasonable adjustments.

    Even if you are successful that does not mean they will change the way they do things. It's not going to make a difference to anybody else. All it means is that their insurance premiums will go up a bit, tribunal claims rarely change workplace practices.
    • sangie595
    • By sangie595 29th Nov 17, 8:41 PM
    • 4,199 Posts
    • 6,928 Thanks
    sangie595
    Sorry had problems logging in.
    I cannot be sacked for being off sick, because I have been working for the last year and a half. I work part time and I am not paying for representation because I am not doing this for compensation or myself, I am doing it to change how they treat people.
    But I'm aware I'm taking a risk and its a cause that's worth fighting for and would make a difference to a lot of people and I know I have the best case to win.

    Yes I have legislations, laws and policies they have broken and all evidence of how.
    They have just put completely irrelevant issues in the ET3 with the only purpose of trying to make me look bad. Either the judge will think I'm insane, or he'll see through their tricks and itl make them look stupid. hmm fingers crossed.

    Haven't found much help. Citizens advice were rubbish. they offered me a free half hour with a local solicitor- I rang them and they said they didn't do employment law. went back to C advice and they said there was nothing else they could do to help me as it was too complicated. I kind of just want a bit of emotional support. The main thing is going to be whether I can keep a cool head and not freak out on the day.

    I
    Originally posted by Nellie100
    Hang on one minute. You worked for them for a year and a half? If that is true then they certainly can dismiss you for being off sick - or almost any other reason, or none whatsoever. Less than two years employment and there's no right to claim unfair dismissal except for certain limited circumstances - which you haven't said actually apply.
    • Gavin83
    • By Gavin83 29th Nov 17, 9:41 PM
    • 4,731 Posts
    • 7,519 Thanks
    Gavin83
    What were you off sick for?
    • steampowered
    • By steampowered 29th Nov 17, 9:54 PM
    • 1,959 Posts
    • 1,831 Thanks
    steampowered
    The main thing is going to be whether I can keep a cool head and not freak out on the day.

    I
    Originally posted by Nellie100
    You need to work out what your case is. And stick to it.

    So what is your case?
    • sharpe106
    • By sharpe106 2nd Dec 17, 10:35 PM
    • 339 Posts
    • 208 Thanks
    sharpe106
    If you have been of sick regularly all they need to prove is that you are unfit to do your job and provide satisfactory service.
    • JustAnotherSaver
    • By JustAnotherSaver 3rd Dec 17, 12:04 AM
    • 2,635 Posts
    • 417 Thanks
    JustAnotherSaver
    I asked here & was told that after more than 10 years service i could be sacked for taking 1 week off sick.

    So based on this i think you could be sacked for taking longer for much less time served.

    • cr1mson
    • By cr1mson 3rd Dec 17, 8:22 AM
    • 773 Posts
    • 584 Thanks
    cr1mson
    Just wondering if they mean that they have been working for a year and a half without being sick and that they were sacked for absence from before then.
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