Ex employee-unfair dismissal

LittleVoice

BASSETT wrote: »

My solicitor has responded to hers with details of this, plus difference in turnover and cctv images etc and asked for an explanation but have not received this yet.

I think the solicitor may be muddying the water here. The reason for the dismissal was the reduced income from the business. The solicitor now provides details suggesting perhaps there could have been another reason for the dismissal (though you could argue this might just be a contributing factor to the reduced income). Is the solicitor an employment law specialist or is taking advice from such a specialist in the practice?

dacouch

Try contacting your shop Insurer as a lot of the Shop Keepers Policies include Legal Cover which covers your legal costs in employment disputes or if it does not it often includes free legal advice that is manned by trained advisers in employment law

BASSETT

My solicitor is an employment law specialist and practice partner, his reply to her solicitor was primarily about reduced turnover etc. He added the extra about her attitude and cctv images to support the subject of reduced turnover, but there was only a couple of lines about this.

Her letter does not respond to any of this but continues to claim unfair dismissal due to her pregnancy which is ludicrous but her obstinance is infuriating. Her claims for lifting heavy crates is almost comical as we were hardly able to buy stock, let alone crates of stuff. My cash and carry invoices would show this.

I have every faith in my solicitor, he has already acted for me on licensing laws and a partnership dispute which he managed to resolve when another solicitor couldn`t, or wouldn`t.

I will contact my shop insurer on the other point, thanks.

LinasPilibaitisisbatman

Tbh I think your solcitor was misguided to make any mention to her attitude re the reduced turnover.

The reduced turnover was enough to make her redundant. He instead suggested her performance was the reason for this and thus the dismissal.

If she manages to link her attitude or reduced work to the pregnancies or heath issues your on rocky ground.

BASSETT

Ph my solicitor today to tell him about this letter from the tribunal I received. He said thats bull, we agreed to a grievance meeting and did not get a reply to this, instead she has gone straight to the tribunal, still claiming she was FORCED to live heavy crates.
Obviously does not want a grievance meeting, which I would welcome.
Solicitor said hand the letter into him and "don`t worry"
I forgot to mention that she continued to smoke throughout her pregnancies and is also clinically obese, therefore putting her baby and body under double pressure.
Still, thats only my medical opinion.

Roobarb73

Bummer.

I think this may be a situ where being too nice and just "letting her go" and paying her notice may not have been to your advantage. It would have been way better to pursue the theft and then dismissed for gross misconduct if proven. That way it would have given you a much stronger case to defend yourself.

Get whatever info you can now to prove the thefts. If you're asked about it you could just say something like you just wanted her out of the business and rather than going through procedures to dismiss for GM you decided it would be eaier just to dismiss with notice on the basis of her having <12 months service.

Did you know she was pregnant at the time you dismissed her?

BASSETT

Yes she was almost 5 months, she`d also been pregnant twice previously so I could have fired her before if I was the kind of person she`s claiming I am.

LittleVoice

Roobarb73 wrote: »

Bummer.

Get whatever info you can now to prove the thefts. If you're asked about it you could just say something like you just wanted her out of the business and rather than going through procedures to dismiss for GM you decided it would be eaier just to dismiss with notice on the basis of her having <12 months service.

I think the OP would be better advised to listen to what her solicitor suggests.

zzzLazyDaisy

I agree. There is little point in paying a solicitor to deal with the case, and then seeking advice from well meaning people on an internet forum who do not have the expertise or the knowledge of the facts that the solicitor has.

BASSETT

Just a quick update, solicitor replied to tribunal and added that although we agreed to a grievance meeting we had not heard from her solicitor.
Tribunal have set a hearing date for either September or October, actual date to be confirmed.
Solicitor adv that likely only myself and partner will be called as witnesses but I should get letter from my business manager stating financial situation. This won`t be a problem as business manager has been very understanding with me. I am so bloody furious that ex employee is keeping this going.
If we get to a hearing and I have to set eyes on her again, i`ll be ready to burst!
Business wise, it`s going great guns now! I`ve almost cleared everything that was outstanding.