emloyment tribunal

traz39

SarEl wrote: »

With the best will in the world, people lie - both employers and employees. So it really isn't easy, without knowing what the case is, to say what relevance or value this has to the case. Although an employer should provide a written statement of the main particulars of employment (this is what you are calling the contract - it isn't in fact the contract in law but just a summary of it) it rarely has any relevance to a tribunal case anyway. So I am perplexed as to what value two or two hundred witnesses saying the slip was there has with any case. But in terms of your original question, it is still the case that tribunals tend to allow evidence to be presented late - on some occasions at the actual tribunal itself. Tribunals will neither take it that you you are telling the truth, nor that the employer is. They will test whether what each party says is evidenced, and how credible they find that evidence. So if these witnesses are admitted you have the right to ask why their evidence was late, and how the employer didn't know about it at an earlier stage if this was something that happened at the time of whatever the case is about - but the tribunal will make up it's own mind who it believes, or if not believes, who can present the most credible case.

his statement suggests that my husband was abusive but he has not evidence of this and this is why he his saying he didnt do a disipinary procedure my husband was bullied by another employer who was dismissed has well he is saying my husband was agressive but we have prove he finished his shift he gave him abriliant reference but is now denying ever written it but it all changed when my husband went to c solicter he filled out an insurance form for out mortage but he said he had no knowledge o it but we got a copy of conversatiion he had with the insurance company surely they will c this

traz39

Mudd14 wrote: »

Just out of interest is it a no win no fee solicitor?

no legal aid to point of tribunal

Zazen999

traz39 wrote: »

my oh is goin through tribunal with old employer everything is ready to go and at last minute they are wanting to bring forward new evidence is this allowed :cool:

Out of interest, why is them bringing new evidence to the table cool?

traz39

cool did i say something wrong

Zazen999

Normally you use emoticons to emphasise your point; it's just weird if you think it's cool that they are bringing new evidence to the table......presumably this could be very 'uncool'....

traz39

sorry thought that was a confused face no its definatley not cool:(

SarEl

traz39 wrote: »

his statement suggests that my husband was abusive but he has not evidence of this and this is why he his saying he didnt do a disipinary procedure my husband was bullied by another employer who was dismissed has well he is saying my husband was agressive but we have prove he finished his shift he gave him abriliant reference but is now denying ever written it but it all changed when my husband went to c solicter he filled out an insurance form for out mortage but he said he had no knowledge o it but we got a copy of conversatiion he had with the insurance company surely they will c this

Sorry - that's as clear as mud. Let me see if I can sort this through. Your husband was dismissed, yes? For what reason?

There was no disciplinary hearing? Generally that would be considered automatically unfair - but it does depend on the circumstances as there may be explantions for this.

What has finishing the shift got to do with it? And what has a conversation with an insurance company got to do with any of this?

You also need to be careful - an employer does not require evidence. Tribunals do not use the rules of evidence that other courts do. An employer only requires "reasonable belief" to dismiss someone, and this definition can allow for fair dismissals without any evidence.

traz39

he was dismissed for agressive behavoir his boss his saying he was agressive towards him there was no disciplinary but he is saying he didnt need one because my husband was agreesive has for finishing his shift if someone was being agressive towards you would u not make them go there and then he was given a great reference but only changed his mind when he got a letter from my husbands solictor in his witness statement he is saying he knew nothing about the reference he didnt write it his secertary did and then deleted it of her computer the conversation with the insurance company is just something else he is saying never took place but we have proved that it did

Zazen999

Yer but no but yer but no.

Seriously, you will get a much better response if you try and phrase your posts so that they make sense.

Try from the start....

a - this happened
b - then, in this month, this happened.
c - after that, this happened...

Press the enter button at the end of each 'factoid', and add commas and full stops so that people can work out what you are actually saying. Capital letters are good, but full stops are even better.

SarEl

I have got to agree - it really is impossible to give any realisic assessment about whether this evidence is important or what you should do about it because I can't make head nor tail of what you are saying. Sorry. Perhaps the best thing would be to go to your solicitor since you have legal aid and ask them about it.