Strangest grievance meeting ever!

jazabelle

Good luck! I'm sorry the firm I recommended don't help in Scotland, I hadn't even thought about it.

I'm sure other people on here have been through it in Scotland and can offer advice.

Justicia

harrys_dad wrote: »

Oh, and if the issue is over "reasonable adjustments" HR will be running scared if you mention the Disability Discrimination Act.

harrys_dad wrote: »

As I said in one of my earlier posts write to HR and mention DDA, and they will get it sorted very quickly indeed.

harrys dad; the Disability Discrimination Act 1995 no longer exists (except in NI). It was replaced in 2010 with the Equality Act.

GlasweJen

My case has been accepted to Glasgow employment tribunal and a meeting for case management has been scheduled for August.

Im not sure how to ask my new employer for the day off for the meeting but the email states that my case has been passed to ACAS for review so I'm hoping that they step in.

GlasweJen

My former employer offered £800 for me to drop the case. They have until Monday to reply to the tribunal.

I declined the offer.

Does anyone know where I can find out the criteria for each of the vento bands? The stuff I'm finding is very vague.

zzzLazyDaisy

Does this help?

http://www.ffw.com/publications/all/articles/ppl---the-price-of-injured-fee.aspx

GlasweJen

Ok so I received the ET3 today. Most of it is just saying x can't be proved because manager left the business but some things are factually incorrect.

ET3 said that I was paid CSP earlier in the year - this is untrue and can be proved with payslips. It also says I had a disciplinary meeting with James Smith who was neutral from another branch but I actually had an investigation meeting with James Brown who was not neutral and worked in the same store as me.

They've written that they accept that in disabled under the equality act and that they discussed RAs for me in September but didn't write what these were and didn't acknowledge my complaint that they were never implemented.

They also say that the company had no knowledge of some incidents I highlighted with my old boss, this is because the procedure was to keep complaints in store and my complaints have obviously disappeared with him. I can't prove I wrote to boss except to submit copies of my letters to him and they can't prove I didn't submit - where do we stand on this? Will the tribunal just strike out the bits that can't be proven?

Also I have on tape my 2nd grievance meeting and some of the things the company are denying we're discussed on this tape - can I ask the tribunal to accept the recording as evidence?

paulineb_2

Its very common for companies to lie in submissions, my ex employer did, all you can do is go to tribunal armed with everything you have and Im not sure about a tape recording, because I never used taped evidence, but Id be letting the tribunal know you have a recording that contradicts some of the stuff they have said in their ET3.

zzzLazyDaisy

GlasweJen wrote: »

Ok so I received the ET3 today. Most of it is just saying x can't be proved because manager left the business but some things are factually incorrect.

ET3 said that I was paid CSP earlier in the year - this is untrue and can be proved with payslips. It also says I had a disciplinary meeting with James Smith who was neutral from another branch but I actually had an investigation meeting with James Brown who was not neutral and worked in the same store as me.

They've written that they accept that in disabled under the equality act and that they discussed RAs for me in September but didn't write what these were and didn't acknowledge my complaint that they were never implemented.

They also say that the company had no knowledge of some incidents I highlighted with my old boss, this is because the procedure was to keep complaints in store and my complaints have obviously disappeared with him. I can't prove I wrote to boss except to submit copies of my letters to him and they can't prove I didn't submit - where do we stand on this? Will the tribunal just strike out the bits that can't be proven?

Also I have on tape my 2nd grievance meeting and some of the things the company are denying we're discussed on this tape - can I ask the tribunal to accept the recording as evidence?

Okay, the first thing to understand is that YOU don't have to PROVE anything.

It is for you to raise the issues, and to give the evidence - verbal and documentary - that supports your case.

So eg if this is a claim of unlawful discrimination on the grounds of disability, you would say that you believe the respondent unlawfully discriminated against you because a/b/c in chronological order, pointing to the relavant docs along the way.

It is then for the employer to show that they complied with their obligations within the law, and to produce verbal and written evidence to dispute/disprove what you say.

So it is up to them to produce the manager at the time to give witness evidence. If they can't it is tough luck on them.

The tribunal will make a decision based on the balance of probabilities, and if the respondent fails to produce any evidence to counter what you are saying, then the tribunal must accept your evidence - unless for some reason they find you an unreliable and/or dishonest witness, in which case they must say so - which doesn't happen very often and just to be clear, the tribunal members are experienced and are generally pretty hot at telling the difference between nerves and dishonesty.

Re the recording - the tribunals are generally resistant to tape recorded evidence especially if the respondent was not made aware of this at the time. But where the tape clearly shows a respondent's witness is lying, the tribunal will often allow a typed transcript of the tape - provided the respondent has already been given the opportunity to listen to a copy of the tape and proof read the transcript.

But I doubt this will go to a hearing, they would have to be plain stupid to push it to a hearing with so little evidence to support their case.

So it may well be that you might only need to mention the existence of the tape to put the wind up them...