Advice about dismissal - please

zzzLazyDaisy

Uncertain wrote: »

Maybe LazyDaisy or one of the other retired lawyers who post on here may have a useful view.

Firstly, can I say that I am so sorry that you had this result. I know how stressful tribunal cases are for the people involved. It is really impossible for me to give a view on whether you should appeal, as I wasn't there to hear the evidence.

I will make a few comments though, which may be helpful...

1 I would say that the company will view the result as a 'win' and although nothing is ever 100% certain, it is highly unlikely they will appeal.

2 As someone else has said, you can only appeal on a point of law, but the application of Polkey and assessment of contributory fault is a point of law.

3 From what you say, the decision seems harsh, and it may be worth appealing. However that very much depends on whether you can get funding. If you have to pay for the legal costs out of your own pocket that may make the decision for you.

4 The costs rule in the EAT is the same as tribunal - each party pays their own legal costs. However, if you win, and they decide to appeal again to the court of appeal, then the rule changes, and the losing party pays the winners costs. So you need to know before your start, how far you/your insurer is willing to take it, and also to have an idea how far they would be likely to take it.

5 I can't stress enough that these are only intended to be general comments. Ultimately the only people who can advise you are your legal team, as they have first hand knowledge of the situation.

6. A final comment - not legal, but practical - life is short, litigation is stressful, and sometimes it is best to walk away for the sake of your sanity.

Good luck!

jessc_2001

Like many others, I have read this thread in it's entirety and have no advice to offer.

However, I salute you and your husband for taking on employers like this, and are rewarded with some sort of vindication. I am also saddened that the outcome was what it was - this seems also unfair as your OH actively encouraged them to involve the police at an early stage in an effort to vindicate himself on this charge. Perhaps this could prove to be a useful avenue in any appeal action you may choose to take?

Nevertheless, well done. All too often I read about human beings being treated by fellow human beings this way. Makes me wonder. Well done to both of you and I thank you for reaffirming my belief that sometimes the 'little guy' DOES win (albeit with a slight bitter taste)

suekjw

I'm very sorry for you not to have received anything.

Amber07

The solicitor phoned hubby this afternoon with her thoughts on the judgement. My info is second hand so apologies if I have picked anything up wrong :-s

Apparently we have 3 options

1- Walk away
2- Take it to an appeal
3- Apply that they reconsider the reduction.

This third option is news to me, but from what I can gather it would only be an option if new evidence has came to light. :cool:

IF we can find they guy who gave the tip, and he confirms 100% that it was indeed a tip, then that could be the new evidence we need. OH was at school with the guy, he couldn't remember the name though (it's been 15 years!) so he is trawling old school photos online to see if he can identify him.

The other option is...the other manager who bailed on him last year (the one who got promoted) and dropped all contact....we have discovered he has left the company, apparently he was moved back to a mangement position after the tribunal in January (!) I am going to email him and ask if he would reconsider helping out. He was there at the time and knows what happened.

Worth a chance anyway, if this doesn't work we won't be going the full hog and appealing though.

dharm999

Amber

My condolances to you and your OH. I really thought you would win. I hope you find the other person, and find out if they will help you. If they are prepared to testify then you have a difficult decision to make, to fight on or not. Maybe MSErs should set up an Amber tribunal fund, as the whole thing is so unfair.

Good luck.

badmoon

This is my first night of looking on this board. Just been reading your thread.

What an amazing person you are Amber and your husband too.

I wish you all the best for the future. And I echo what others have said about this being an amazingly supportive thread.

x

KarleyMarie

Have just read thread from beginning to end..

I think it's appauling the way your OH has been treated

but I admire you both for sticking through all this time!

If nothing else has come out of this, at least you know you both have support from family, friends and MSErs in good times & bad

Karley x

tabskitten

Please keep us posted on what you decide to do and best wishes

Magnolia

I hope the blokey who bailed on you last year will come through this time.

I was so disappointed for you when I read the outcome. One thing that sprang to my mind. Surely if there is a payment procedure then there must be a receipt procedure to match it. What service did the firm offer that cost £10?

My thoughts are with you and your DH (((hugs)))

Zazen999

Amber; although your hubby can't remember his name, can he link up with a few people on Faceache and see if any of them are his chums and track him through there, or see if the school is listed?

And - will there be a different set of people if you go to appeal?

Overall; bummer. It just shows that you need a watertight case doesn't it?