employment tribunal help.

jobbingmusician

In great haste

Write to employer. 'You sacked me, but I was never given particulars of the offences of which I was accused. You will be aware that I have raised a tribunal, and obviously I want to ensure that our bundles (use the term, it will scare them) match. Could I please have a PROPER letter of dismissal which specifies the reasons why I was dismissed, which should of course have been provided at the time of dismissal. I will then be able to provide my statement for the hearing - I obviously cannot do this without proper verification of the reasons why you dismissed me'.

Something like that - then at least you'll have agreed dates. The employer is wrong, and I hope he said " I dont have to give you anything " in writing Did he even confirm the dismissal in writing?

dizzydotty_2

We have a letter ready to go signed for delivery today
In it we have asked for

1 a copy of my sons contract
2 a copy of company disciplinary procedure
3 all employee attendance records( long shot I know)
4 dates of my sons absences
5 dates my son left work early
6 dates of supposed written warnings
7 witnesses to alleged written warnings ( none because warnings did not happen)
8 names of people who allegedly gave warnings

We have also done a letter informing him this is the evidence we plan to use.

As for statements ,we will have my sons,his dads and a co worker who is still employed there,

The only thing the company got right as far as I can see is they did send him a letter a few days after his dismissal telling him he had been dismissed for bad timekeeping and giving him one weeks notice.

SarEl

"alleged" not "supposed"! Don't used emotive language. It makes you look like you are calling them liars. You may well be - but you do not ever look like you are.

dizzydotty_2

oops I put supposed instead of alleged,the original letter does actually say alleged.

Jarndyce

dizzydotty wrote: »

The question I am asking is do we have to list the witness names and that they intend giving a statement by the first deadline above (20th march ) The problem is that most of our evidence has to come from his e x employer and he has not given it yet.

No - you have to provide the actual witness statements that you are going to rely on on a date to be agreed between you (if they have not given one) but before the hearing, then take copies to the hearing.

dizzydotty_2

Ok so I understand that we dont have to use witnesses statements at this point I was just not sure if I had to actually inform company that I would be using these statements and put it on the list of evidence I wished to refer to.

SarEl

Actually, I may have misread your earlier post - but haven't the tribunal ordered the exchange of documents by 20th July? In which case you certianly do have to provide the iwtness statements - they are part of the case documents.

Jarndyce

dizzydotty wrote: »

Ok so I understand that we dont have to use witnesses statements at this point I was just not sure if I had to actually inform company that I would be using these statements and put it on the list of evidence I wished to refer to.

Not if you have not been directed to do so, although it may help you to know who the respondent's witnesses will be so it may be worth exchanging lists of witnesses now.

Actually - is that right that the first deadline is 20th March? 2012? And the hearing 17 August 2012? That can't be right?

dizzydotty_2

SarEl wrote: »

Actually, I may have misread your earlier post - but haven't the tribunal ordered the exchange of documents by 20th July? In which case you certianly do have to provide the iwtness statements - they are part of the case documents.

The claimant and the respondent shall prepare full written statements of the evidence they and their witnesses intend to give at the hearing. No additional witness evidence may be allowed at the hearing without permission of the Tribunal. The written statements shall have numbered paragraphs. The claimant and the respondent shall send the written statements of their witnesses to each other. Four copies of each written statement shall be provided for use by the Tribunal at the hearing (and not before).( by the 17 th august)

As I am getting a little confused by all this.would any of you kind people be prepared to let me pm you the full email of tribunal orders so you can see it in its entirety and let me know your opinion ?

dizzydotty_2

Jarndyce wrote: »

Not if you have not been directed to do so, although it may help you to know who the respondent's witnesses will be so it may be worth exchanging lists of witnesses now.

Actually - is that right that the first deadline is 20th March? 2012? And the hearing 17 August 2012? That can't be right?

Sorry my mistake ,it was meant to say 20th july 2011,the tribunal hearing is in september.