Data Protection, Storing rival company data, Illegal Downloads, Email Access, Fraud..

hostileworkplace

Emmzi, I will calm down soon, lol. I have achieved what I wanted - I am out of there.

In terms of appeal - I was thinking of this argument http://forums.moneysavingexpert.com/showthread.php?t=3651889 but I have been informed it's bit silly. But the others I have as follows:

- I will show that they were targeting me for long time.

- because the employee was dismissed or selected for redundancy for having sought, in good faith, to assert a statutory employment protection right;

- because the employee was dismissed or selected for redundancy for making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998;

- because the employee was dismissed or selected for redundancy for taking or proposing to take certain specified types of action on health and safety grounds;

I will also show how their redundancy process was designed to get me out . This would be of a less concern for me though.

Any thoughts?

Emmzi

I think you're rambling. I can't follow what the hell you are on about. If I can't understand your appeal, I won't be able to uphold it.

It sounds like it is based on rumour and opinion.

1. get the selection criteria
2. get your scores against the criteria. are they accurate?

Take it from there.

"Further..further..further..."

Honesty, you sound like a ranting nutter! You need to start talking like an HR person. Small words. Simple language. Facts, not opinion.

Why are you appealing if you want to leave?

hostileworkplace

Emmzi, thanks again.

I am sorry for rambling and I am sure you can now appreciate the adverse affect that this company had on me.

Look, the company has devised a very good plan to get rid of me - redundancy being the latest spectacle in the long line of bullying, threats, exclusion, intimidations, harassments, disciplinary and victimization, which may appear to be a fair. So, I have to deal with this NOW under redundancy context (yes, will include your selection criteria issues even though I did not apply) as it is a requirement (keping it open, if you like).

My current stratgey, see WhiteHorse comment plus other things that I can bring at a later stage including following:

Failure of 'Employers duty of care' under Health and Safety at Work Act 1974

Protection from Harassment Act 1997

The lack of procedures itself has been found to constitute a breach of contract in past cases. They removed these procedures when I pointed out few issues during the disciplinary process that they brought against me and then replaced the HR advisor and ex-HR manager with the current ones.

If the company don't resolve this matter, then I am going to a solicitor. I will have everything ready (i.e. organized all facts, etc) by then for his/her inspection.

The company has extended appeal time to 2 weeks now and now reminding of '...[FONT=&quot]the opportunity to appeal at each stage of the process...'[/FONT]. lol, In all honesty, I will be sending my appeal by Monday....

Emmzi

I am still confused.

You aren't appealling the redundancy because you want to leave.

So what procedure are you using to complain? And what do you want to happen?

snowcat53

OP -Are you arguing this is constructive dismissal?

patman99

I think the Op is arguing the fact that he suffered harassment in the workplace. This alone could have them reaching for the cheque book.

On a personal note, OP, even though I disagree with workplace bullying, is it worth jeopardising your future employment prospects over?. Fine, if you get another job straight-away, there is no reason why you cannot go for a claim against them for vvictimisation or harassment, but in this climate, do you really want to be unemployable ?.

hostileworkplace

snowcat53 - in effect Yes because the way they treated me. But at the same time, I will play their game by PROVING that they selected only ME, not the other two. They left too many holes for me to prove that it was unfair. It would be embarrassing for them to bring them to open even if they think they followed the process. :-)



patman99 – You are correct, and also stealing data from other company, embarrassing unprofessional relationship, equal opportunities law, etc....But at the same time, I am not an unemployed martyr, lol. My first and foremost priority is to get a job. But the problem is they did not provide me a reference other than the standard one. They offered me a compromised agreement but mere half month salary on top. I asked a year’s salary as minimum. They did not accept and went for redundancy, which I kind of pressurized them as they wanted time to think. The problem is also I did not say much as I am dealing with serial bully and inept HR personnel. My objective during the time was to GET OUT, lol. I will cc the CEO this time as the Financial Director whom I am appealing to is guilty of horrific mistakes and will be embaressed (all his own doing). In all honesty, they are waiting to see what I got :-) I have already gave them a snapshot of my website for public awarness on bullying, etc, hence decided to extend to 2 weeks now. She also send me rushed COMPANY PROCEDURES that I have asked for yesterday. I told her, [FONT=&quot]it’s bit late don’t you think?[/FONT] Yet at the same time, they are cowboys..so we shall see...


Now, I will send my appeal ASAP (which I am finding very difficult as everything is based on FACTs to prove what I say) and hope they come to their sense, and sign a compromise agreement. If they don’t, then they are at risk of potential claims and damage to their reputation bearing in mind there are no time limits except for Tribunal.

snowcat53

OP - I would reiterate what has been said by others- you need to strip out the emotion and look at this very coolly and rationally - what are the facts, what is the evidence and what is relevant in legal terms. I am afraid you come across as angry and ranting, throwing out a multitude of accusations, and this will not help your case.

You need to focus on what is important. If you havent already , you really should get some legal advice.

Emmzi

you said earlier you didn't apply for a role. This suggests there was a preference exercise. If you didn't say "I want to stay" your appeal is automatically stuffed.

hcb42

a year's salary under compromise sounds rather ambitious.