Ex employee-unfair dismissal

rosylady

We had a similar situation a few years back.OH sent employee a letter saying don't bother coming back and she took us to an ET for unfair dismissal and even though the evidence we had accumulated against her was not really substantiated the tribunal were really interested in what we had to say and advised her to walk away before he passed his judgement as she would not like his verdict. We did represent ourselves though and were told by solicitors who were at the tribunal that this can work in your favour.

ChrisCobra

Was it her attitude that ground down your takings or her and her friends dipping in the till or helping themselves to items in the shop ?

BASSETT

ChrisCobra wrote: »

Was it her attitude that ground down your takings or her and her friends dipping in the till or helping themselves to items in the shop ?

I think a combination of both to be honest. I can`t believe how much the takings have risen. I`m surprised it`s went to ET, so is my solicitor

ceridwen

BASSETT wrote: »

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.

I can well understand feeling that you'll "be ready to burst" if this comes to Tribunal. Please try - for your own sake - to stay as calm as possible. Personally - I'd be hoping that she showed herself up by turning up still "clinically obese" and still smoking - complete with baby in tow. I think those two facts might just influence the Tribunal's feelings about her just a smidgen (they wouldnt go unnoticed by me if I was there - I have strong feelings about people who smoke when they are pregnant or have a small child with them - about said child being exposed to passive smoking by their own parent...:eek:).

BASSETT

Me too. It`s proven that even one cigarette can cause miscarriage and yet a foetus can survive a serious road accident because it`s so well protected in the womb.
Myself and partner have 30 years healthcare experience as well as the business btwn us so hope tribunal sees us as professionals.
As far as looks go, there is a definite culture where we live so take two "older" people versus small surly obese blonde, false nails, primark bling and lanky streak of !!!! husband in baseball cap. Vicky Pollard lives!
Childish comments I know, but good for letting frustration out!

olly300

BASSETT wrote: »

Me too. It`s proven that even one cigarette can cause miscarriage and yet a foetus can survive a serious road accident because it`s so well protected in the womb.
Myself and partner have 30 years healthcare experience as well as the business btwn us so hope tribunal sees us as professionals.
As far as looks go, there is a definite culture where we live so take two "older" people versus small surly obese blonde, false nails, primark bling and lanky streak of !!!! husband in baseball cap. Vicky Pollard lives!
Childish comments I know, but good for letting frustration out!

One thing that will go in your favour at the tribunal hearing is if you stick to the facts that you have evidence for.

Unfortunately even if she is a Vicky Pollard type she may scrub up well.

ceridwen

olly300 wrote: »

One thing that will go in your favour at the tribunal hearing is if you stick to the facts that you have evidence for.

Unfortunately even if she is a Vicky Pollard type she may scrub up well.

Well...she must have "scrubbed up" somewhat at the original interview for the job presumably......so I guess its a question of "picture the way she was then and ratchet that picture up a level" to see what to expect as to the way she will present herself if it comes to it.

She'll presumably hide the surliness for a start - and come over rather more "subdued" and better-mannered than normal I imagine for one thing...

So - as previous poster stated "stick to the provable facts" and bite your tongue HARD about anything that could be perceived as "your personal opinions".

BASSETT

Just an update, just heard from my solicitor who adv that she is claiming £3,600. Where does she arrive at that? She only got £400 a month.
`ve to arrange a meeting with him, although he does say that we should offer her a lesser amount to avoid what may run into a 2 day tribunal.
I`m furious, that fat little !!!!! put my business on it`s !!!! and now she`s trying to ruin me!

jazzyman01

Poor you - trying to be fair can usually come back and bite us on the bum. With any employment issue you need to be totally detached. Even though she has less than 1 year's service (and therefore not entitled to any redundancy pay) she can claim for discrimination which she is doing because of her pregnancy.
On the positive side - your support during earlier pregnancies can go to show you have not discriminated, also your books etc will support the business decision to let her go.

BASSETT

Thanks Jazzy, you`re right, my books will be the proof. I operate just within my overdraft and no more, just enough to pay the bills. I even had my business card stopped as I couldn`t afford the repayments.
Mind you, it just proves that she was all about money and stealing from me if she`s gallous enough to try and claim that amount.
My profit for year end 2008 wasn`t even £3500!
Seeing my solicitor Thursday morning at 10am.