We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Advice about dismissal - please

1161719212245

Comments

  • Hi Amber,
    Just seen this posted on the Scottish Gov website don't know if this would help you with costs if you do not go for self representation

    '07/04/2009
    "Legal aid rules have been extended to one million more Scots - enabling them to apply for financial support when protecting their housing, employment and family rights.
    Anyone with a disposable income of £25,000 or less will be eligible to apply for civil legal aid. The previous limit was £10,306.
    Ministers pledged the change last November as part of their wider support for people during the economic downturn. This means that around three-quarters of all adults will now potentially be eligible for legal aid.
    The Scottish Government is also investing an additional £3 million to enhance the national availability of advice and representation, including people at risk of repossession.
    Justice Secretary Kenny MacAskill said: "The Scottish Government is determined to use the powers at our disposal to help those facing difficult and uncertain times during the current economic slump.
    "We have taken a series of steps to help hard-pressed families and businesses, to improve financial advice to vulnerable individuals and to stimulate growth in the economy.
    "Today we will, at a stroke, bring one million more Scots into potential eligibility for legal aid, where previously their disposable income automatically ruled them out of being considered.
    "We believe the change is long overdue as the system has for many years unfairly excluded people of relatively modest means from pursuing what might be a complex and expensive legal action.
    "The reformed financial eligibility limits, including a tapered contribution regime, provides a fairer system which can help many more people at just the time they might need it most."
    Lindsay Montgomery, Chief Executive of the Scottish Legal Aid Board added:
    "This opens up access to justice for more people and is particularly welcome news in a difficult economic climate.
    "This substantial increase in financial eligibility for civil legal aid will help people who previously would not have been able to afford to pursue or defend their case.
    "It will also mean that those with higher disposable incomes will pay a proportionate contribution towards their case."
    Civil legal aid provides funding for a solicitor to take a case to court, including preparation and the hearing itself, as well as funding for advocates and experts if needed.
    Financial eligibility for legal aid is means-tested on an applicant's disposable income (including deductions for maintenance payments and childcare or travel costs associated with work, as well as an allowance for the costs of providing for dependants) and capital assets (including savings and investments, but not their home).
    Under the new rules, civil legal aid applicants would pay the following contribution from their disposable income:
    • No contribution if annual disposable income is below £3,355
    • One third of the amount by which their disposable income exceeds £3,355, up to £10,995
    • Plus 50 per cent of any disposable income between £10,996 and £15,000
    • Plus 100 per cent of any disposable income over £15,001 up to the upper limit of £25,000
    The rest of any case costs would be met through legal aid payments.
    To date around 43 per cent of Scottish households are potentially eligible to access civil legal assistance under the legal aid scheme. The rise in upper disposable income limit to £25,000 will bring this to around 74 per cent. Financial eligibility tests in England and Wales are not directly comparable. However, the monthly disposable income limit for legal aid south of the border is approximately equivalent to £8,376 over one year and the estimated eligibility rate in 2007 was around 29 per cent of households.
    In addition to financial qualification, applicants must meet two other statutory tests: they must have a legal basis for the case and it must be reasonable in the particular circumstances of the case that they should receive legal aid (e.g. it may not be reasonable to grant legal aid to enable the applicant to sue someone who has no resources or where the applicant is able to receive financial help from other sources such as a trade union, insurance company or professional body).
    In November the Deputy First Minister announced an additional £3 million over two years to enhance the availability of legal advice and representation for people facing repossession and other problems, such as debt, through In-Court services, and assistance provided by local solicitors, advice agencies and Scottish Legal Aid Board.
    A Repossessions Group, established by Ministers to examine other measures to support homeowners at risk of losing their home, is due to report to Ministers by the end of April.
    In January Minister for Community Safety Fergus Ewing established the Debt Action Forum, a panel of experts chaired by the Minister to examine information and initiatives on debt relief, debt advice and repossession and recommend a package of legislative and non-legislative measures to tackle the issues. He also announced improvements to the Debt Arrangement Scheme which helps people with disposable incomes to pay back their debts over a longer period, free from the threat of legal action."
  • Amber07
    Amber07 Posts: 330 Forumite
    Thanks very much for that info Burny :j
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • Amber07
    Amber07 Posts: 330 Forumite
    edited 29 April 2009 at 10:06PM
    Well, it feels like ages since I have been on here - time certainly flies by.

    I downloaded the ET application form an filled it out, going to send it online when it's all done, but I need some advice about the unfair dismissal statement.

    How detailed should it be?? Should I just outline the main facts or have a chronological list of events?? Will we supply more info in the future?

    Here's what I have so far (I've sort of aimed for middle ground details-wise):o
    I believe that my dismssal was unfair as ther were a number of procedural irregularities.

    Thur 05.02.09. Had a general monthly meeting, no problems were raised

    Sat 14.02.09 Called unexpectedly into a meeting with no prior warning of any points/allegations that were raised and I was suspended. Asked what my opions were and I was told I could resign or 'fall on my sword'

    * No notes were taken at the 'investigatory meeting' nor did I have a witness.

    Thur 19.02.09 The letter confirming my suspension for disciplinary did not state the full case against me so I was unable to prepare fully for the disciplinary hearing

    Fri 20.02.09 I was notified of the disciplinary hearing via a telephone call, not in writing.

    * I did not have a reasonable time to prepare to answer the case against me or seek legal advice.
    * I was not provided with any copies before my disciplinary of any evidence which had come out of the investigation during my suspension.

    I believe my employer did not follow the first step in the statutory minimum procedure (as it stood in Feb 09) to provide a written statement setting out the reasons for disciplinary and inviting me to a meeting to discuss the matter.

    This is also a breach of my contractural right as per my T&C's of employment (Section 23a, General) "At all stages of the disciplinary procedure an employee will be advised (in writing) of the complaint against them "

    Tue 24.02.09 Attended my disciplinary hearing, new allegations were brought up which I had no notice of, and I felt as though the whole procedure was weighted more towards collecting evidence against me than seeking to establish facts.

    Mon 02.03.09 I wrote to the Managing Director to request an appeal and stated the grounds

    Thu 19.03.09 I attended the appeal hearing and asked numerous questions pertaining to my dismissal (e.g. requested times/dates of alleged incidents) whilst answering every point against me. The MD could not answer my questions and I was told that this needs further investigation, which I was happy to wait for.

    Mon 06.04.09 The last thing I heard from the company was a letter stating the dismissal was being upheld.



    Have I done this all wrong???

    Would really value any pointers on this, please.
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • HI Amber,
    Long time no hear hope all else is going well for you both. I don't have a great deal of experience of this but I have put in a few comments in blue. Maybe someone with actual experience of this will come on and give advice.

    I believe that my dismssal was unfair as ther were a number of procedural irregularities.

    Thur 05.02.09. Had a general monthly meeting, no problems were raised

    Sat 14.02.09 Called unexpectedly into a meeting with no prior warning that this meeting was of a disciplinary nature, which could lead to suspension and so no right to accompanied was offered. No indication of any points/allegations that were raised were given in advance and I was suspended. Asked what my opions were and I was told I could resign or 'fall on my sword'

    * No notes were taken at the 'investigatory meeting' nor did I have a witness.

    Thur 19.02.09 The letter confirming my suspension for disciplinary did not state the full case (against me so I was unable to prepare fully for the disciplinary hearing) suggest delete this as you have made reference to this fact in the next para.

    Fri 20.02.09 (time might be important )I was notified of the disciplinary hearing via a telephone call, not in writing and therefore (cant remember was OH told of his right to be accompanied?)

    * I did not have a reasonable time to prepare to answer the case against me or seek legal advice and
    * I was not provided with any copies before my disciplinary of any evidence which had come out of the investigation during my suspension.

    I believe my employer did not follow the first step in the statutory minimum procedure (as it stood in Feb 09) to provide a written statement setting out the reasons for disciplinary and inviting me to a meeting to discuss the matter.(Strike ONE)

    This is also a breach of my contractural right as per my T&C's of employment (Section 23a, General) "At all stages of the disciplinary procedure an employee will be advised (in writing) of the complaint against them " (Strike TWO)

    Tue 24.02.09 (Less than 2 working days later I Attended my disciplinary hearing, new allegations were brought up which I had no notice of (could this be Strike Three), and I felt as though the whole procedure was weighted more towards collecting evidence against me than seeking to establish facts.

    Mon 02.03.09 I wrote to the Managing Director to request an appeal and stated the grounds

    Thu 19.03.09 I attended the appeal hearing and asked numerous questions pertaining to my dismissal (e.g. requested times/dates of alleged incidents) whilst answering every point against me. The MD could not answer my questions and I was told that this needs further investigation, which I was happy to wait for. I therefore believed that the appeal process had not been completed fully and that a continuance of the appeal would be forthcoming once the MD had concluded further investigations in order to answer the questions raised at the meeting.

    Mon 06.04.09 The last thing I heard from the company was a letter stating the dismissal was being upheld. (possible Strike FOUR)

    I honestly do not know how much detail is required on this form but from what you have stated above I would think that the tribunal will see sufficient grounds to set up a hearing. Obviously you have further details that will be given at a later stage and without re-reading everything again I think you have evidence to support your claim.

    Hope this of some help, hopefully others will come in and give more advice. Have you managed to see if OH qualifies for legal aid representation or have you decided to go ahead with self representation?

    Will keep watching for further updates. Good luck to you both.
  • Amber07
    Amber07 Posts: 330 Forumite
    Thanks - you have made a good few points there for me :D Always best to get someone else's opinion before jumping in.

    I will make those changes, and will submit the ET1 application later tonight.
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • 987654
    987654 Posts: 367 Forumite
    This looks fine.

    You don't actually have to have as much detail on the form in order to submit it - especially as in this case the employer has made several errors - but it's fine to include as it will all be coming out at some point.

    If they use a solicitor, they may get advised to offer a settlement based how how organised & certain you are with the detail on the ET1.

    Well done & keep going. How's his new job going?
  • Amber07
    Amber07 Posts: 330 Forumite
    Hi - thanks for adding your comments.

    I figured they wanted a little less details when I filled out the form - I had to condense it to fit it in :rotfl:Anyway it is done, so just waiting to hear back from them. I soooo wish I could see the directors faces when they get the copy of the ET1 :p No one has ever dared fight back before, they are used to just 'getting rid'

    I hope they do offer a compromise, I really could be doing without all the court phase of this, but we will take it all the way if we need to.

    OH is loving his new job. :D Quite a drop in pay, but he is so much happier there and his new boss is fantastic, OH feels so much more appreciated, it's like a weight has been lifted off of him.:j
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • Burny_Sweetwater_Glasgow
    Burny_Sweetwater_Glasgow Posts: 125 Forumite
    Part of the Furniture Combo Breaker
    edited 5 May 2009 at 10:46PM
    Hi Amber,

    All good positive stuff, great to hear OH is feeling good and so should you for all of your efforts todate. I too hope that they make an offer so that you can just get on with your lives but I was pleased to see the fighting spirit still remains.
    Power to you both:beer:
    Will keep watching this thread, remember to offer all of the knowledge you have gained todate to help others who need your advice there appear to be so many who desperately need help.
  • Amber07
    Amber07 Posts: 330 Forumite
    I do read other posts, but unfortunately most of the threads are way beyond my expertise:o. I would hate to give the wrong advice to someone. Employment is certainly a complicated area!
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • Hi Amber,
    No one confesses to be an expert here but your experiences can always help others, not to mention just lending your support to help them get through what you know is a traumatic time.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.