ongoing tribunal claim

spring_chicken

Hi everyone, currently waiting for my husbands employment tribunal date to come through, received the response from his ex-employers and have replied with further information - the more his ex-employers stall for time and ask for more info, the deeper the hole they are digging for themselves, for instance, husband has voice recordings of one of his managers saying that he will sack him if he wants, and that he can make life difficult for my hubbby etc, also there are at least three members of staff who are guilty of much more serious offences that what my husband has been accused of, yet they are still working for the company, my husband has named names as way of proof, (he didnt want to do this, but was asked to) probably the fact that the others are friends of the managers helped them keep their jobs.

Any idea what will happen now? will his ex-company just keep coming up with yet more questions? we have so much proof, that when this comes out, it really will be embarrassing and have a negative impact on this company. We just want it over with now though.

greendollar

Hi SP ,

What will happen ?

Your husbands ex-employers will most probably continue to stall and frustrate the process , they will threaten you with substancial costs , ignore Orders and deadlines , come up with numerous excuses as to why they can't attend Tribunals and maybe , if your lucky , you will have your day about 2 years after you put your husbands claim in .

I may be wrong . Good Luck

viktory

Or they will decide to settle before it gets to a Tribunal hearing

I may be wrong. Good luck.

MrRedundant

What is your OH claiming for?

spring_chicken

MrRedundant wrote: »

What is your OH claiming for?

for unfair dismissal, its a long story, and cant go into too much detail on a public forum, but he had been a victim of workplace bullying and harrassment for a long time, and was advised by our solicitor to keep a diary etc, hence the tape recordings of threats etc, then a few months back he was set up (he has proof, taped conversations and admission of error by another employee, funnily enough, who wasnt dismissed or disciplined) and it was a case of he would be damned if he did, and damned if he didnt (sorry to sound so "cloak and dagger") - anyway, after the incident, he was taken off duty, and left sitting around for a month, then the next thing he knew, he was called into a meeting, told he was suspended, and given a letter saying he was to attend a meeting/hearing the following Friday, then the day before the meeting/hearing, a recorded delivery letter came, it was identical to the letter he was given the week before, except it had a sentence added, saying "your employment may be terminated at the hearing" - or words to that effect. Also, hub was having to see the company doctor (at the request of his ex-company) as he had been off sick with stress, and the doc was angry with the company, as he said they wanted him to say that my husband was unfit to work and he refused, saying if the bullying stopped and the constant harrassment, then my hubby would be fine - we have this in writing, as the doc was horrified to learn that my hubby had been sacked and sent him his medical report to use as evidence in the case.

By the way it was his managers who were responsible for the harrassment

greendollar

Hi again SP ,

Did your husband appeal the decision to dismiss him ? or has he gone straight to the E/T service with his claim .

MrRedundant

Unless you want to tell the story its pointless posting. The stuff you refer to doesnt sound right but it wont necessarily admonish your husband.

jobbingmusician

If you want guidance with preparation for a tribunal, look here.

BAILEYS6904

ermm, dont mean to throw a spanner in the works, but dont think you can use recordings in something like this, unless all parties have consented to this and knew it was happening?

May be wrong tho, someone else may be able to confirm

SarEl

BAILEYS6904 wrote: »

ermm, dont mean to throw a spanner in the works, but dont think you can use recordings in something like this, unless all parties have consented to this and knew it was happening?

May be wrong tho, someone else may be able to confirm

Tape recordings made without consent are a huge grey area, but generally tribunals will not allow them unless there is a matter of "public interest" (there is case law on this aspect). It is up to each individual tribunal to make a decision, but most will not accept them because such recordings infringe other laws, and make any judgement they make subject to appeal.

Uncertain

BAILEYS6904 wrote: »

ermm, dont mean to throw a spanner in the works, but dont think you can use recordings in something like this, unless all parties have consented to this and knew it was happening?

May be wrong tho, someone else may be able to confirm

As SarEl says a grey area.

However, if the other party becomes aware that a recording exists it can help to make them more honest with their evidence for fear of perjury.