Upcoming Tribunal

boseboy03

Hello all,

I could do with a little advice please on an upcoming employment tribunal against my until recent employers.

I was recently dismissed for a questionable charge of gross misconduct. Before my disciplinary meeting I offered a fairly comprehensive and frank list of mitigating circumstances and grievances. I attended the disciplinary meeting and my employers took 14 minutes to consider my grievances and circumstances and summarily dismissed me. I attended an appeal hearing where I again raised my grievances which relate to return to work interviews and self certification forms. I dispute that the interview ever took place and that I completed the self certification forms, however I was presented with a typed printed copy of the self certification form that I am supposed to have filled in with the manager. I have had 2 bouts of hospitalization and both times my employer has failed to complete return to work interviews and has not requested that I complete self certification forms.

So in essence I am suggesting that they have fabricated documents against me and failed in their duty of care to me as an employee through my bouts of illness which I am stating that work related stress was a major factor in my illness.

My case has been accepted by the Employment Tribunal service and they are now asking what sums of compensation I am seeking from my previous employer. This is where I am struggling because there is a case for unfair dismissal, failing in their duty of care, fabrication of self certification certificate and failing to follow correct company procedures.

Can anyone help with what sums of compensation I should be seeking ?

Any help would be massively appreciated.

Jarndyce

You need to compile a schedule of loss for the unfair dismissal claim. You can search for templates online or obtain one from a solicitor. Of the 'cases' you mention only unfair dismissal is a genuine claim.

Clearly you will need advice on taking this claim as you will need to PROVE that they have fabricated the documents, not just suggest it. If you do not have any evidence to support that claim, then your claim will not succeed. You also need to provide evidence that you are seeking to mitigate your loss.

boseboy03

I have the evidence to prove the fabricated documents and we have a clear precedent that has been set that during rtw interviews and self certification procedures where I would firstly hand write the self certification forms/rtw forms then sign them as genuine , at this point the information would be entered into a system and emailed to our HR department.

They have despite several requests failed to provide these hand written documents because I did not complete any in the first place.They have offered only typed versions with fabricated reasons for my absence.

Jarndyce

How does it help your case that you say you did NOT complete self-certification forms?

boseboy03

It helps because they have procedures and policies to follow including risk assessments and assistance for employees when raising concerns about workload, staffing levels, none provision of breaks. Self certification forms are part of the RTW interview and should be performed to enable employees to have an open forum for discussion where any work concerns can be discussed. If they did not follow their own procedures and have indeed fabricated documents stating that I have actually completed the forms and did not seek help or raise any concerns with my line manager then of course fraudulently claiming that I have completed said forms is fraud.

You see they are attempting to cover their responsibilities to employees in stating that they have indeed followed all procedures and policies where I claim that they have in fact not followed procedure and that they are lying to save face.

Mara69

Have you get any evidence that they fabricated these documents or is it your word against their word? Have you sought legal advice? re the issue of 'compensation' as advised you need to complete a schedule of loss. These are reasonably complicated; you need a template as you cannot just pluck figures out of the air.

boseboy03

Yes I have evidence although I would like to keep that under my hat with this being an open forum. The evidence I have plus their inability to provide any of the disputed handwritten and signed documents further reinforces the fact that I did not attend or complete any RTW interviews.

marybelle01

I may have misunderstood all of this, but I thought it was the employees responsibility to fill in a self-certification form, not the employers? So if you haven't supplied one, isn't that your fault? And you weren't dismissed for being sick. It was for gross misconduct. So what does one have to do with the other?

boseboy03

This is where things get interesting ref:- self certification at my previous employers. They have their own system where the employee is called in to line managers office and they sit down together to complete the inter company self certification that includes RTW interview.

"This form is to be completed whenever a period of incapacity due to sickness or injury lasting less than 8 calendar days has caused absence from work. It must be countersigned by your Manager/Supervisor on completion of your Return to Work Interview. (Note: In the case of sickness lasting more than 7 days a certificate of incapacity for work given by a registered Medical Practitioner will also be required)."

I haven't been asked to fill any forms and they have not followed their own procedures.

As for gross misconduct I am stating that due to work related stress that I made a silly mistake and that they did not follow procedures. The illness I suffered from included one bout where I was taken to hospital by my line manager at my request and I suffered heart attack like symptoms which they never investigated.

marybelle01

So, just to be clear, you committed gross misconduct, and your defence was that it was your employers fault because you were stressed? You are sooooo toast. You are so on the wrong track if you think a tribunal is going to care about your return to work interviews or sickness processes that have nothing to do with the gross misconduct.

amazingcookie

Another rejected employee holding a grudge, wanting to sue ex-employer for a lump of cash. By the looks of it you won't be getting a single penny, and you'll also make future employment more difficult because you're proving yourself to be a litigious person.