Employment Tribunal and ACAS promise

SarEl

The same applies to these - if there is a legal agreement it is enforceable. Same steps as (c) - although if the amount is greater you may have to use the County Court.

mitch161

sarel guess your memory failed if you cannot remember the multiple posts from octoberish 2010 till january 2011. and as for the tribunal

ha ha ha i can remember 20 posts i said that asked for advice that did not have the word tribunal in it, seeking advice for other solutions.

yet again you feel that tribunal is the only route. i will just say this one word.. and one word only and leave you to ponder its possible meanings and how it could possibly have helped win my case without needing to go to a tribunal.

Arbitration

SarEl

mitch161 wrote: »

sarel guess your memory failed if you cannot remember the multiple posts from octoberish 2010 till january 2011. and as for the tribunal

ha ha ha i can remember 20 posts i said that asked for advice that did not have the word tribunal in it, seeking advice for other solutions.

yet again you feel that tribunal is the only route. i will just say this one word.. and one word only and leave you to ponder its possible meanings and how it could possibly have helped win my case without needing to go to a tribunal.

Arbitration

Ah - I fully understand - you are utterly insane. Whoever or whatever you are you are here to have a go at me personally and not to help Fabio or anyone else.

I do not commit to memory the many thousands of posts that I have answered here and elsewhere. That is assuming that you are telling anything approaching any form of the truth - here or elsewhere, which I sincerly doubt. As I have said - it is easy to make claims when you do not have to prove them.

However, !!!!!! does arbitration have to do with Fabio's question and where have a suggested that he go to tribunal (something I have advised him not to do since his first post on this matter). And exactly which arbitrator do you suggest he gets in since it is ACAS that has landed him in this position by faling to tie up the settlement in a COT3.

I don't know what your problem is, and frankly, I don't care, but you are not doing Fabio a service by hijacking his thread to conduct your perosnal campaigns. Your advice has been wrong consistantly on this thread, something that others have also pointed out - that is the issue, and not what you claim about yourself. This thread is not about you.

CFC

mitch161 wrote: »

sarel guess your memory failed if you cannot remember the multiple posts from octoberish 2010 till january 2011. and as for the tribunal

ha ha ha i can remember 20 posts i said that asked for advice that did not have the word tribunal in it, seeking advice for other solutions.

yet again you feel that tribunal is the only route. i will just say this one word.. and one word only and leave you to ponder its possible meanings and how it could possibly have helped win my case without needing to go to a tribunal.

Arbitration

You are obviously a loonie or a troll. Out of interest I looked up all threads started by yourself and there is not one that is related to employment queries. Sar El has no life, she only posts on employment queries

Just so everyone knows that nobody should listen to you, here are all the threads that you have started.

cash for phones
mitch161 19-06-2011 3:57 PM
by mitch161 0 72 Up Your Income
set up own mystery shop business ( 1 2)
mitch161 15-06-2011 10:38 PM
by Becles 24 4,114 Up Your Income
halifax overdraft charges - help
mitch161 16-05-2011 2:20 PM
by mitch161 2 129 Reclaim Bank & Credit Card Charges
08000mumdad reverse calling - RECLAIM
mitch161 14-05-2011 4:40 PM
by mitch161 9 333 Mobile Phones
stoozing for PAYG
mitch161 14-05-2011 4:29 PM
by mitch161 4 258 Mobile Phones
Tesco mobile tarrif deals clarification before i transfer my number please
mitch161 20-04-2011 1:20 AM
by mitch161 11 469 Mobile Phones
a light hearted question to ponder on ( 1 2 3 ... Last Page)
mitch161 17-12-2010 4:47 PM
by donnajunkie 127 1,050 Discussion Time
constructive dismissal earned me a JSA sanction now im jobless and pennyless ( 1 2 3)

mitch161

sarel months ago i tried teaching you some people skills such as imagining the scenario. actually read the evidence given and to ask questions first before making persumptions. i guess this has failed to sink in.

there are many paths a person can take so dont guide them down a single path based on your presumtions. EG presuming a greement has not been formed. ask questions

and the post about the arbitration . i laughed at your response. it was, if you tried reading it. talking about how against your advice that although i had paperwork evidence had no leg to stand on I (me, myself) won. it was not about suggestions to the OP at all.

and forming an opinion that we have not talked before based on your knowledge. is a uninformed presumption. yet again.

just like yourself offering limtied narrow one path answers without explanations . heres a hint to you about our history

http://www.consumeractiongroup.co.uk/forum/member.php?308632-SarEl

penny dropped yet.

sarel just learn some people skills and learn to not offer guideance based on persumptions, ask questions if unsure. dont think that you know it all so dont need to ask questions.

there are many paths people can take to get a result. learn to ask questions, and use your knowledge to not just presume things and say this is your only path. give them other options, other paths other methods of getting a result.

this is suppose to be a support website not a "follow me or give up website.
dont demoralise posters by for instance presuming they are not entitled to full amounts. if unsure, ask them.

and as for the authorised training if a company offers training. this itself is them allowing training. (allowing is another word for authorising)

by giving the OP appointments is more proof by having it stated in their employment contract is more proof.

so dont presume things if you are not sure or not read it right

i could quote you al year long. but the link half way up has 3 months of me quoting your failings. i have before tried helping you to learn some people skills. but still you presume you know it all.

nice how you feel that your a legal expert, yet it has been a while since you done your training and you have proven how easily forgetful you get about things that go on for months.

personal skills workship needed mayby, legal training top up maybe?

support people by fully grasping their situation without presumptions. and then offer them multiple paths to choose from.

dont just narrow down options.. be helpful

CASE CLOSED!

tizerbelle

ROFL! OMG how sad are you Mitch161!! You have actually stalked SarEl from one forum to another to try to.... I don't know what. Give it up for god's sake and go live a life, any life although preferably your own life in the real world.

You're not happy apparently with the advice you got from SarEl or the way it was given (no, haven't read your linked thread, don't intend to) but so what - these are free internet forums. If you don't like the advice, you don't take it - that's the way it is with forums.

If you have such a problem with SarEl perhaps you should put him/her on ignore and stop hijacking other people's threads. You are not endearing yourself to anyone by your behaviour which means you will just be ignored/classed as a troll and so your rampant ramblings will just be ignored/laughed at.

fabio11

Spoke to ACAS councillor and send him all the evidence. He was concerneed after looking at these evidence and believe previous employer is not fair. He advised that I request Tribunal to NOT dismiss the claim and either re-instate the case or issue STAY until my previous employer stops this victimization and fulfil his obligations.

[FONT=&quot]ACAS councillor believes that if case is dismissed then I won’t be able to take them again to ET as I had withdrawn case unilaterally. He also believes that I have good chance of case re-instated which will put pressure on respondent and they will come up with solid agreement.

[/FONT]I am double minded as after all the stress of last six months I dont want case to be re-instated as it will be square one and I dont want to go through this hell again but on the other hand if the case is dismissed I wont be able to take what I lawfully owe now and in future royalties.[FONT=&quot] I can digest three thousand lost now but I will be VERY MUCH bothered if I lose tens or hundreds of thousand royalties in few years time.


[/FONT] Please give me last minute sincerest advice

Should I cut my losses and move on
OR
Should I chase my losses

fabio11

Any advice or comments please?

SarEl

fabio11 wrote: »

Spoke to ACAS councillor and send him all the evidence. He was concerneed after looking at these evidence and believe previous employer is not fair. He advised that I request Tribunal to NOT dismiss the claim and either re-instate the case or issue STAY until my previous employer stops this victimization and fulfil his obligations.

[FONT=&quot]ACAS councillor believes that if case is dismissed then I won’t be able to take them again to ET as I had withdrawn case unilaterally. He also believes that I have good chance of case re-instated which will put pressure on respondent and they will come up with solid agreement. [/FONT]

I am double minded as after all the stress of last six months I dont want case to be re-instated as it will be square one and I dont want to go through this hell again but on the other hand if the case is dismissed I wont be able to take what I lawfully owe now and in future royalties.[FONT=&quot] I can digest three thousand lost now but I will be VERY MUCH bothered if I lose tens or hundreds of thousand royalties in few years time.[/FONT]


Please give me last minute sincerest advice

Should I cut my losses and move on
OR
Should I chase my losses

Give me a chance! I actually, contrary to opinion, do have a life

Right, lets get down to basics. I don't think the ACAS mediator used the word victimisation at all - because that would be another very serious case of breach of protocol. They are not allowed to take sides or to suggest inappropriate action by either side. You need to concentrate on what is actually said, not what you want to be said. ACAS have now confirmed exactly what I have already told you.He has not looked at your case and evidence and decided the employer is being unfair - again that would be a very serious breach of protocol, and one for which he could be dismissed. He is saying that the employer came to an agreement and he is confirming that his understanding was that the employer would pay. He made an error of judgement in not clarifying what that meant.

You can ask for the case to be stayed - and also that if the settlement agreed is not adhered to that the stay be turned into a re-instatement. I seriously doubt that the employer wants to go down this route, so they will probably pay up. If they agree to this, you must make sure that ACAS tie it up properly in a COT3 this time, stating the exact terms of the agreement - or with an e-mail from ACAS that states the exact terms, although I would personally prefer a COT3.

wombles_forever

Hi Fabio, I have no legal advice to give you but I have read all of your threads with interest so this is just my personal opinion.

The way I see it is that you have had all the advice that anyone could reasonably expect and now it is only you that can make the final decision on this. If anything you have had almost too much advice and now you cannot think clearly and objectively. I think that you need to make the decision on whether you want to end this now with the outcome that you have or vow to fight this to the bitter end (if this is even possible) and deal with all that this entails. No one else can do that for you.

I hope that whatever you decide is right for you will finally give you some peace of mind and allow you to move on and enjoy the rest of your life.