Ex employee-unfair dismissal

Magnolia

Still got my fingers crossed for you.

londondulwich

Did you ask for costs?

mitchb

BASSETT wrote: »

Takings are up at least £100 daily, she has been my only employee, family business otherwise.

BASSETT wrote: »

Also have a witness statement from another employee about her behaviour.

Just reading this thread, is the witness statement from a family member?

It shows how some people will take advantage of others good nature and then throw it right back in tehir face to make a quick quid - I hope you win basset.

dharm999

BASSETT wrote: »

.

At the end, the judge asked her solicitor "tell me how to prove she was dismissed because of her pregnancy, because I can`t see how I can"

Her solicitor didn`t answer him.

I think this is a very telling statement from the judge, as in our tribunal he didnt make any statements that favoured one side or the other. I think you will have a penalty for not givng her a contract, two weeks wages I think, and you may also have some unused accrued holiday to pay, if there was any. Hopefully that will be all. Good luck.

BASSETT

londondulwich wrote: »

Did you ask for costs?

Do you mean the quanitification of costs? If so, it was £4334 this was in the bundle. I had a letter from my bank manager, also in the bundle, stating the business could not support any further financial commitment, whatever it be.

As for holiday pay, she was on 2 wks holiday, which I paid her for, and this is when we got a true picture of what was happening. Takings were up £584 in the first wk, and as for the comments and complaints from customers...well.

We have built up a good rapport with our customers over the past years, and I`m glad they felt they could approach us and tell us.
They could have just said "I`m never going back there, that girl is so rude" and then you`ve lost some trade permanently

Can I just add, I don`t know if it made any difference, but I`m pregnant, and it shows, and hubby said a few times "why would I be having a baby with my partner if I was anti-pregnancy?"
She was trying to say he began to bully her when she fell pregnant, oh god, I could on and on but I won`t of course.............

rach29

Any update BASSETT?

Magnolia

*pacing up and down*

BASSETT

Sorry for the delay in replying, at the end the judge said he would make a decision in due course due to the complexities of the case.
My takings go down when she`s there, she leaves, takings go back up!
I have no idea of when to expect a decision, days, weeks whatever..

My solicitor did say that if she is not awarded anything then I should take her through the small courts for MY solicitors bill. She is on benefits so her representation was free.

So just waiting for the postman..........

Uncertain

BASSETT wrote: »

My solicitor did say that if she is not awarded anything then I should take her through the small courts for MY solicitors bill. She is on benefits so her representation was free.

So just waiting for the postman..........

Well I would double check that advice before spending any money! Unless the ET award you costs (which is rare) I don't see how you can. Even if there is a method there is only so much point in suing somebody with no assets. The fact that the Judge has delayed making a decision means that the case is not clear cut. You are clearly very angry with this person (and maybe you have good reason) but you have also said that there are some areas where you have not acted correctly. I know it is difficult as a small business to deal with staff correctly (this is why large company HR departments get ever bigger) but is it not time to learn from this experience and move on?

I know in my last post I said some things you probably didn't want to hear but I still think it was good advice. Sorry!

BASSETT

I take on board what you are saying Uncertain, my first employee has been a real learning curve, the hard way. I`ll wait for the decision and I have an amount in mind that I will pay but anything above that I will appeal.
I have to take into account that my business is just surviving and at least now I can pay the bills and before I couldn`t.