Advice about dismissal - please

dharm999

Amber07 wrote: »

^^Thank you

Saw the solicitor again last week (been busy!!) she informed us that the Respondent's solicitor had phoned her and said that they will be pursuing us for costs if they win they case.

She did say that it is a very slim chance they would ever be awarded that, but she had to inform the insurance company, as they (obviously) want to be informed of all the positives and negatives of the case.


From my little experience its extremely unlikely any ET would award costs against you. The way it was explained to me was that costs are considered to be awarded if someone brings a case without any foundation at all. Seeing as you believe you have a claim, and there appears to be a basis for it, I cant see any tribunal awarding costs against you. Its just another threat, to make you accept the offer they are going to make (you heard it here first!).

Good luck and hope you have a better 2010.

Amber07

Had some positive and not quite so positive stuff today

We got the original 'handwritten statement' regarding alleged bullying by one of the employees. I haven't seen it yet, I need to ask the Solicitor to email me a copy, but she has confirmed it is different from the one the company produced at the disciplinary and appeal. She has made the comment that they will argue 'well why did he sign it then' but hopefully when the tribunal see this 18 year old boy, who is so shy and quiet they will realise that he wasn't the type to argue with a boss about anything.

The company have denied any other statements were handwritten by employees, which we know is a lie but we can't prove it. :mad: They just don't want everyone to see that all the statements have been altered.

On the downside, our solicitor doesn't seem to have the amount of determination to win this that OH and I would like. Maybe we expect to much, but I would prefer to see a bit of fire going on iyswim. I know we have to be prepared for the worst, but we're not getting many positive vibes atm.

She has completed a schedule of loss for OH. It works out in the region of 25k. She has been talking to him today about what sum he would accept a settlement for. She suggested 9.5k. Thing is, we aren't free to turn down a settlement sum, because the insurance company an drop the case at any time (which I don't think is right once they have agreed to provide cover, but who am I to comment) so they can say 'settle, or pay it yourself' :rolleyes:

OH isn't keen to settle, he said the most important thing is he wants the hearing to proceed so he can clear his name, if we settle, what has been the point of this past year - we would have been as well not bothering. I can see his point, and am prepared to accept his decision on what route we take on the day, after all it's his reputation which has been blackened.

Not long to go now, can't believe it's almost a year since all this begun - I won't forget THAT Valentine's day in a hurry!

jdturk

why would you accept at just under 40%? surely you can get more?

Amber07

^^OH wasn't keen at that amount anyway, by the time all the fees are paid there wouldnt' be much left to write home about.

He said he might have settled at 15k, at least it would pay off the bills/debts and let us start afresh.

The last thing I want is to appear greedy in any way or 'out for what we can get' because that is so not the case, we have really struggled this past year, to the point where my younger sister actually paid the mortgage for us while we were on benefits because we wouldn't have got any govt help for 12 weeks

But as I say, the insurance company have the final say on the matter, which is horrible but that's what we get for needing outside help.:rolleyes:

honeyD

Hi Amber, Ive been following the thread and just wanted to wish you luck.
How nice of your sister to do that, extremely nice.

jobbingmusician

Hmm, do you really need the insurance company's solicitor all the way? Scarey as it is, I think you have enough stuff (the handwritten statement being the icing on the cake! ) to fight this on your own if necessary. Even if you don't feel you can do this, I think it would be a good mental approach to have the attitude that you want to get as much upfront from this solicitor, so that if she was suddenly hit by a bus, or you decided that you had no option but to fight the case yourself, you had as many hard copies, and as much of her thinking and legal expertise upfront, as possible. Just a thought!

Amber07

jobbingmusician wrote: »

Hmm, do you really need the insurance company's solicitor all the way? Scarey as it is, I think you have enough stuff (the handwritten statement being the icing on the cake! ) to fight this on your own if necessary. Even if you don't feel you can do this, I think it would be a good mental approach to have the attitude that you want to get as much upfront from this solicitor, so that if she was suddenly hit by a bus, or you decided that you had no option but to fight the case yourself, you had as many hard copies, and as much of her thinking and legal expertise upfront, as possible. Just a thought!

It's not actually their solicitor - they handed over to our one once they agreed to finance the claim.

Unfortunately their terms and conditions state that she has to report any situation changes to them, and if our chance of winning drops below 51% they can withdraw

I sort of wonder why they bother tbh, but it was the only avenue we had open to us at the time.

Amber07

Amber07 wrote: »

We got the original 'handwritten statement' regarding alleged bullying by one of the employees. I haven't seen it yet, I need to ask the Solicitor to email me a copy, but she has confirmed it is different from the one the company produced at the disciplinary and appeal. She has made the comment that they will argue 'well why did he sign it then' but hopefully when the tribunal see this 18 year old boy, who is so shy and quiet they will realise that he wasn't the type to argue with a boss about anything.

The company have denied any other statements were handwritten by employees, which we know is a lie but we can't prove it. :mad: They just don't want everyone to see that all the statements have been altered.

Ooo - I have now seen the original 'statement' and there is NO MENTION of any bulling allegations at all!!!

It has been totally rewritten, to a shocking extent....no wonder they are denying there are any other handwritten ones!

firesidemaid

i can't remember, but did you/OH have copies of everything from the original disciplinary/appeal eg. photocopies of the handwritten statements, or did your witness see them?

always look at everything 'new' or received by your solicitor again - even if you think you have seen it before - and show it all to OH too.

when i helped a friend with a case, we were looking at a copy of a handwritten statement provided after we had requested copies of all the evidence used to sack said friend in prep for his appeal - i commented that this particular statement had been obviously written not long before the meeting, as it was dated the actual day of disciplinary/sacking. friend said ' that person did not set foot on the premesis until their shift, several hours after friend had been dismissed! this was one of our final pieces of damning evidence to show that their major evidence used to sack, was actually not even written until they realised we were to appeal.

Amber07

firesidemaid wrote: »

i can't remember, but did you/OH have copies of everything from the original disciplinary/appeal eg. photocopies of the handwritten statements, or did your witness see them?

always look at everything 'new' or received by your solicitor again - even if you think you have seen it before - and show it all to OH too.
.

We only ever had the rewritten statements at the disciplinary and appeal.

We didnt know they were handwritten in the first instance until I interviewed one of the employees who had supplied it. That was last Sept, and I wrote asking for a copy straight away - it has taken them nearly 4 months to supply it, and only after being ordered to by the tribunal.