Remedies hearing?

solo1

hi all, apologies new to this, worried and nervous!

ill try to keep this short;

i was terminated from my job due to a lie by a colleague, offered a package-refused it on grounds of unfair & wrongfull dismissal.
i actioned employment tribunal proceedings, they denied all and stood by their decission to terminate me whilst threatening 'Polkey' if they were to lose.
i sent my schedule of loss and my first and only letter to them demanding the evidance that had still to show.
it was only then that they employed an outside the company lawyer who replied to us and the ET they now accept liabilty on both parts of the dismissal case and do not want a merits hearing just go straight to remedies hearing citing only evidance to be given be of mitigation of loss evidance.

to me it seems like my employer thought id fold, then when i sent my letter they got outside lawyer advice who said they would loose the case and should now minimise loss.

id like to know if the facts were put forward the tribunal may see the severity of my loosing my job(specialist and very few positions out there to get equivalent job)and therefore agree to refuse Polkey for them and therefore maximise my settlement, but by their new lawyer only wanting to talk as outlined above i stand to receive little.

also, the jobs they are proposing i should take to mitigate my losses i am not qualified to do and i would like justice against the individual who lied to get me terminated as well as the maximum settlement possible.

thank you for any advice/weblinks you can advise of to counter their position at the remedies hearing

jobbingmusician

What is in your schedule of loss? Did you inflate it? Did you get any help in preparing it?

I don't have answers to any of the questions you have raised, I'm afraid (I don't claim to be any sort of employment expert, just an experienced employer). Perhaps one way for you to move forward would be to ask people here what you should include in your schedule of loss (apologies if you have already done this) and compare the result with what you have already sent them, so you know where you can stand your ground firmly.

Getting 'justice' against the person who lied is, sadly, NOT likely to be paid as part of the schedule of loss. They may already have sacked that person. If they are going to pay you off (and by the way, remember to negotiate a sparkling reference as part of your payoff) they won't be feeling too charitable towards that person, I wouldn't have thought!

antonic

I would ignore the person who lied about you to get you sacked, I know its not easy to do so, but you have to for your own sanity.

(I know about this because I have previously been falsely accused of sexual harrassment, and the person who made the allegation then got a financial settlement for management failings.
When my friends found out about this and asked me how I felt about it, my reply was " I am glad I still have my job").

solo1

firstly, many thanks for your reply-really does help me calm down a bit:)
CAB helped me on schedule of loss so it is not inflated just a fair assesment, but obviously said you negotiate down from this or the tribunal could decide an exact figure.

I just want to maximise my pay out but why cant ANY law action take place against the liar who has caused this? he is still employed and empire building staff! the employer have just taken his word for it-he wont be sacked or penalised internally because he is 'close' to the senior employer and his family.

antonic

No you cant because any evidence given during a disciplinary procedure CANNOT be used outside of the procedure.

Imagine if it was possible to do so ? - no-one would ever co-operate with an investigation and nothing would be resolved.

If this person was to repeat these allegations OUTSIDE of the investigation then you could maybe consider suing for slander BUT it would cost you a fortune.

As you no longer work there, for your sanity, I would seriously recommend that you put this behind you and move on and get a new job, worrying about it will NOT be good for you.

The same questions were asked by my friends to me about the false allegation made against me and my response was " I still have my job", I have put it behind me and moved on.

It wasnt easy to do so, but it was the only way for me to keep my sanity !

solo1 wrote: »

firstly, many thanks for your reply-really does help me calm down a bit:)
CAB helped me on schedule of loss so it is not inflated just a fair assesment, but obviously said you negotiate down from this or the tribunal could decide an exact figure.

I just want to maximise my pay out but why cant ANY law action take place against the liar who has caused this? he is still employed and empire building staff! the employer have just taken his word for it-he wont be sacked or penalised internally because he is 'close' to the senior employer and his family.