Employment tribunal - how much to claim???

fabio11

can someone add further allegations/proof to Employment tribunal after the case has been submitted?

no-oneknowsme

fabio11 wrote: »

can someone add further allegations/proof to Employment tribunal after the case has been submitted?

Yes , you could write to the tribunal office dealing with your case and explain that the following information/documentation has only just came to light and you request that it be added to your initial claim.

In saying that though Fabio , your frequent short posts asking blunt questions (as above) arent really giving anyone much to work on . If you were to let us know what stage of procedding etc your case is at it maybe easier for people to advise.

fabio11

Thanks for your reply.
I have filed the Employment tribunal for constructive dismissasl. But apparently I have got a threatening letter from my previous employer about the charges which were brought to my attention long time ago but I was never charged for them. But now it seems my previous emplyer wants to crush me for those charges although when I was in job they did not take any notice of it except warning me. Thus in my employment case I did not mention that aspect of the case but as now my previous emplyer is threatening me with those charges I am thinking of writing to ET informing them about those charges and put forward my side of story.
Some of my friends still work in the company and they have passed me some recordings, emails, documents which can strengthen my case but I am not sure if I can present them in ET. I was thinking of using them at least in pre-hearing meetings or through ACAS. I am expecting a hearing soon thus dont know if requesting them through legal way will be good approach as HR might delay release of those docs till after hearing or may say they have lost those Docs.

Everyone says that its very difficult to win constructive dismissal with only 3% success rate but recently released statistics from Employmnet Tribunal suggest that almost all cases have less than 10% success rate thus I am not worried about those who scare you about fighting for Constructive dismissal.

Uncertain

fabio11 wrote: »

Some of my friends still work in the company and they have passed me some recordings, emails, documents which can strengthen my case but I am not sure if I can present them in ET. I was thinking of using them at least in pre-hearing meetings or through ACAS. I am expecting a hearing soon thus dont know if requesting them through legal way will be good approach as HR might delay release of those docs till after hearing or may say they have lost those Docs.

Even if you can't use this material at the ET there is a big advantage in having it. Once the other side find out it will concentrate their minds about telling the truth.

If they lie on oath, and you have material that proves it, this becomes a criminal matter for which they could easily go to prison. Should this happen it would not be a breach of their human rights for you to give the material to the police as it would be evidence of a crime.

fabio11

But will Police not enquire the source of those documents?
Can someone please answer first part of my question. Can a company bring charges for previous things for which I was not formally charged but was just given a warning? Will this affect my ET case?

no-oneknowsme

fabio11 wrote: »

But will Police not enquire the source of those documents?
Can someone please answer first part of my question. Can a company bring charges for previous things for which I was not formally charged but was just given a warning? Will this affect my ET case?

Were the warnings for the same type of conduct which lead to your dismissal ?

Usually previous matters are not dragged up but it depends if the matters are related . Were you given a final written warning ?

Uncertain

fabio11 wrote: »

But will Police not enquire the source of those documents?

Yes, of course they will. However either they are genuine or they are not.

fabio11

I did not leave the job on that bases.That matter was serious but the warning were never written, just verbal. But company is using every trick now to crush me since I brought this case to ET.

no-oneknowsme wrote: »

Were the warnings for the same type of conduct which lead to your dismissal ?

Usually previous matters are not dragged up but it depends if the matters are related . Were you given a final written warning ?

fabio11

Should I inform (and how) the previous company that I have the proof to prove them wrong or should I wait till hearing to present it in Employmnet Tribunal?
Thanks for your help.

Happychappy

Wait for the hearing, but don't be surprised what is said, the tribunal is not like a court, just about any evidence, bits of hearsay and anecdotal evidence is bought out? it is not like a criminal court where there are strict rules of evidence. I represented my wife at a tribunal and pleased to say I won, the employers bought 6 witnesses and it was pretty alarming to listen to what was said, so don't think it will be easy, it is a fraught event.

I totally agree companies should be able to sue for costs for outlandish claims, especially as in this thread, suggestions are made to consider discrimination as the more financially rewarding route to go down, when there is no evidence of discrimination. Regarding the police becoming involved in perjury? highly highly unlikely that the tribunal would refer a case to the police, however, in more high profile cases, it has happened