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Advice about dismissal - please

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Comments

  • suekjw
    suekjw Posts: 866 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Amber, just wanted to wish you good luck with the continued fight! Glad your hubby is still enjoying his new job too. My DH took a lower paid job a couple of years ago, (another hatchett job, but a good solicitor! ;)) but enjoys life so much more now!
  • Amber07
    Amber07 Posts: 330 Forumite
    Got a letter from the tribunal - they have accepted his application and are sending a copy to his ex employers

    They now have 28 days to respond.
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • juliecallum
    juliecallum Posts: 146 Forumite
    Amber07 wrote: »
    Got a letter from the tribunal - they have accepted his application and are sending a copy to his ex employers

    They now have 28 days to respond.

    Good luck, keep us posted, I will be watching and hoping:beer:
  • Floss
    Floss Posts: 9,083 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Don't forget, if they do offer a compromise agreement, they are obliged to pay for your OH to have it checked out by a lawyer - and they cannot dictate who you go to for that legal advice.
    2021 Decluttering Awards: ⭐⭐🥇🥇🥇🥇🥇🥇 2022 Decluttering Awards: 🥇
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  • Amber07
    Amber07 Posts: 330 Forumite
    ^^Yup, I will be making sure that happens, because any compromise agreement I want to say that they can't bad mouth him in any way (and we will do the same)

    Got a letter from ACAS today saying that they have recieved a copy of the ET1 and allocating us a conciliator who will be in touch in due course to discuss his claim and explore the possibility of a settlement.

    Nothing back from the employers as yet - just playing the waiting gme now.
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    A compromise agreement is no longer relevant now that ET proceedings have been started. ACAS will try to broker a mutually agreeable settlement, and if succesfull the ACAS officer will draw up the terms of the settlement with input from both parties. While the tribunal does not have the power to award or enforce the terms of a reference, it is very common for an agreed settlement through ACAS to include agreed wording of a reference and an agreement by the employer that on receiving a reference request they will provide the agreed reference and will not deviate from it either verbally or in writing.

    hth
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Amber07
    Amber07 Posts: 330 Forumite
    ^^Thanks for the info. The reference was going to be a big part for OH, btu he is happy in his new job so hopefully won't need a reference from the previous one now.


    Also got a new snippet of info today - OH was on the ohone to one of his ex colleagues and was told that he was offered OH's management position the week OH was suspended. When he queried 'what about the disciplinary' he was told 'that's not going to be a problem'

    :mad::mad::mad:


    I am soooo glad we decided to press on with the tribunal
    Learn from yesterday, live for today, hope for tomorrow. :cheesy:
  • sockpuppet
    sockpuppet Posts: 270 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Good luck - glad all going well for your OH in his job.
    My husb has couple of interviews coming up & his pre hearing for his tribunal is on 24 June (his Sol thinks he has a good chance of getting to a tribunal) so fingers crossed.

    His old employers the same - think they can get away with treating people like this and not used to people standing up and fighting back.

    To win would be great & compensation would be useful but main aim is to stand up to them, cause them some inconvenience and clear his name and show he didnt do anything wrong!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Amber07 wrote: »
    ^^OH was on the ohone to one of his ex colleagues and was told that he was offered OH's management position the week OH was suspended. When he queried 'what about the disciplinary' he was told 'that's not going to be a problem'l

    Is the colleague willing to go along and tell the tribunal this? It would really swing the case your way if he will because it shows that the disciplinary hearing was a sham.

    If the colleague is willing to give evidence but is worried wbout his job, your OH can ask the tribunal for a witness order, just explain that he is willing to support OH but still works there and is concerned about his own job. The tribunal will send him a 'witness summons' ordering him to attend, and he can show this to his employer. HOWEVER I would only recommend doing this if the colleague agrees, because a witness who doesn't want to be there and who may be under a lot of pressure not to mess things up for his employer, might say anything on the day.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Hi Amber,
    Gosh is that a month since I last passed by. Hows things going, has there been any response from ex-employers. Getting a witness to provide evidence against their current employer is very risky for that person, even if they are issued with an order to attend. They would be very brave if they did in this economic climate. If I remember correctly your OH has already been down this road and it came to nothing at the end of the day for the very reason I just mentioned.
    Keep us posted we're all rooting for you both:j
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