Unfair Dismissal/Employment Tribunal help needed please...

Debt_Free_Chick

pawpurrs wrote: »

http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm

Here you go it clearly states that you dont have to raise a grievance if you have been dismissed.

Agreed, but my understanding is that the dismissal procedure should have been followed and that the employee must be allowed to appeal the dismissal. Failure to appeal can reduce the award made by the Tribunal if the dismissal is ruled as unfair.

So .... ignore the grievance, but look at the dismissal procedure instead.

Burny_Sweetwater_Glasgow

Hi FM,
Just passing through to see if anything is happening. Have they seen sense yet!

Keep positive, think positive and you shall be rewarded.

missfunkymonkey

Hi All,

Thanks for the advice and sorry for not replying sooner.

Well I’ve received a letter from the Employment Tribunal and my hearing date is set for 22nd June. I had hoped it wouldn’t get as far as this and that my ex employer would offer to settle but as I have not heard anything it seems they will be fighting claim. If I were up against just my ex employer on the day I wouldn’t feel quite so bad but the fact they have a solicitor appointed and I do not, fills me with dread as they will no doubt rip me to shreds. I know I have to stay positive as it’s them who have done wrong but I’m worried that come the day I will become a nervous wreck under cross examination and just say totally the wrong things. Other than reading a prepared statement of what actually happened, I do not know what questions I should be asking them.

Regarding my statement of loss, when I submitted my it to their solicitor a few weeks ago I did not have another job so I included a further 6 months future loss of salary. I do now have another job albeit on a much lower salary and I am therefore going to submit a revised schedule to reflect this. Does anyone know what would be a realistic period to seek the difference between the salary I was formerly earning and what I am earning now. My initial thought is 1 year but I don’t know if that is too much or too little?

Any suggestions would be much appreciated and if anyone also has any tips on how best to present my case on the day that would be great.


Thanks again everyone!

Debt_Free_Chick

missfunkymonkey wrote: »

Hi All,

Thanks for the advice and sorry for not replying sooner.

Well I’ve received a letter from the Employment Tribunal and my hearing date is set for 22nd June. I had hoped it wouldn’t get as far as this and that my ex employer would offer to settle but as I have not heard anything it seems they will be fighting claim.

They want you to be frightened so that you give up

If I were up against just my ex employer on the day I wouldn’t feel quite so bad but the fact they have a solicitor appointed

They want you to be frightened so that you give up

and I do not, fills me with dread as they will no doubt rip me to shreds. I know I have to stay positive as it’s them who have done wrong but I’m worried that come the day I will become a nervous wreck under cross examination and just say totally the wrong things.

The ET was originally intended for wronged employees to represent themselves. It was an alternative to getting a solicitor. The ET still runs on this basis so you are NOT disadvantaged. It's not "a Court of law" in the sense that you will be interrogated and "tricked" into "admitting your guilt".

Other than reading a prepared statement of what actually happened, I do not know what questions I should be asking them.

You don't need to ask them any questions at all. Just listen carefully to what the company's solicitor says and see if there's anything which is not entirely true or misrepresents what actually happened. You are not a "prosecuting barrister" and the ET does not expect this from you. The ET know the rules - all they want to is establish is whether the rules were followed or not.

Regarding my statement of loss, when I submitted my it to their solicitor a few weeks ago I did not have another job so I included a further 6 months future loss of salary. I do now have another job albeit on a much lower salary and I am therefore going to submit a revised schedule to reflect this. Does anyone know what would be a realistic period to seek the difference between the salary I was formerly earning and what I am earning now. My initial thought is 1 year but I don’t know if that is too much or too little?

I think six months is OK. To be honest, it really depends on your skills, qualifications and experience and what would be considered "the norm" for someone like you to find another similar job, paying similar money.

Any suggestions would be much appreciated and if anyone also has any tips on how best to present my case on the day that would be great.


Thanks again everyone!

Just present your statement.

One final thing ..... very many ET cases are settled "minutes" (literally) before the ET hearing, which is why it's important that you don't back down.

There's a game of bluff and double-bluff to be played here!

missfunkymonkey

Thanks for the advice DFC. Some very useful points.

I'm sure I will be asked why I did not attend the appeal meeting rather than going straight ahead with the claim. Do you think my best bet is to say it was because I had already been dismissed and therefore it was not reasonably practicable for me to have done so, particularly as I was told at the time of my dismissal that the decision to dismiss me was 'totally irrevocable'.

I also never had a contract or employment particulars so should I state that I could not exhaust the grievance procedure as I was not aware of the company having one?


Thanks

annie-c

This book:

http://www.amazon.co.uk/Employment-Tribunal-Claims-tactics-precedents/dp/1903307554

should be invaluable to you in preparing for your ET hearing. I got a copy through my local library and thoroughly reccomend it. It is written to help lay-advisors or those representing themselves to work their way from pre-grievance to ET hearing. It is not an easy read, but is the clearest advice I have found. The authors also have a blog which updates the book, available here:

http://etclaims.co.uk/

I can't go into detail about my own issues on a public forum, but I just wanted to share these gems and wish you luck

pawpurrs

I wonder how you got on OP?