Employment Tribunal - help needed

mazza1985

Hi all

My partner has recently been dismissed from a well known mail company for "Gross Misconduct - willfull delay of post".

Just to give you a bit of background, he applied for additional paternity leave in March 2013. He then went on annual leave, found out that a female employee was suspended for the exact same allegation at a trade union meeting, and 2 days later the female employee returned to work following a confession that she had committed the offence.

On return from his annual leave my partner was suspended on suspicion of gross misconduct. He was called 3 times to a disciplinary hearing but his GP said that he was unfit to go (he had a nervous break down when he was suspended). The companies occupational health (ATOS) agreed with his GP and said he was not fit to attend meetings.

Fast forward a few weeks and the additional paternity leave was due to start. It was 10 weeks since he submitted the application so we wrote to the employer and told them as they had failed to acknowledge his application he was taking it anyway, and gave them the start date. They then called him in to another meeting, which he did not attend as he was still covered by a sick note and he had care of a small baby (I had gone back to work at this point). A week later he received a letter stating he had been dismissed and they had had the meeting without him.

We took advice from ACAS and applied to an employment tribunal for sex discrimination and unfair dismissal based on employment rights act s. 47c as we believe he was treated detrimentally due to additional paternity leave request.

I am representing my partner for various reasons. I've got a few questions which I'm hoping someone may be able to help me with?

If I am the representative can I also be a witness?

I am trying to prepare a schedule of loss, am I right in thinking that this could come under middle Vento band? If so how do I decide where to place the claim in the band?

The hearing date is early next year, when should I start sharing documents with the Respondent?

Thanks

TTC40

I think the order of events are unclear - why did he need the paternity leave if suspended?

jacques_chirac

I'm a bit lost as well, can you demonstrate a link between the misconduct allegation and his request for paternity leave, aside from timing? Does he have any information about the allegation, given that he did not attend any of the meetings?

Southend1

Why is the union not providing representation? Do they not support the case?

mazza1985

TTC40 wrote: »

I think the order of events are unclear - why did he need the paternity leave if suspended?

He applied for paternity leave before he was suspended. He needed the 9 weeks off guaranteed to look after our child. I went back to work when the baby was 22 weeks old. If they had dropped the allegation he would have had to go back to work. Plus it's his statutory right to have that time off.

mazza1985

jacques_chirac wrote: »

I'm a bit lost as well, can you demonstrate a link between the misconduct allegation and his request for paternity leave, aside from timing? Does he have any information about the allegation, given that he did not attend any of the meetings?

We had numerous letters from the employer. At one point they were daily. They treated him differently to another employee accused of the exact same thing, the employee was female, confessed and got her job back. My partner didn't confess, and was sacked. They also ignored his paternity leave request, and sacked him whilst on additional paternity leave, for not attending meetings that occupational health said he was not fit to attend.

They also tried to get ATOS to change the medical report saying he was fit to attend the meeting, along with altering other evidence.

mazza1985

Southend1 wrote: »

Why is the union not providing representation? Do they not support the case?

The person who was originally dealing with the case had to go back to his usual role, which left 1 representative for the whole of our area. They were busy at the time with strike action, and so could not provide proper support.

Southend1

mazza1985 wrote: »

The person who was originally dealing with the case had to go back to his usual role, which left 1 representative for the whole of our area. They were busy at the time with strike action, and so could not provide proper support.

Sorry to hear that. As it's going to tribunal they should prioritise your case if they support it. Can a regional officer not be assigned?

Helpfulone

Did your husband appeal the decision for dismissal?

mazza1985

He did not appeal as he was due to go on a career break for 1 year 5 weeks after his additional paternity leave ended, so by the time the appeal was over he would have had to quit, he wouldn't have been eligible for the career break with that info on his employment record They ignored his career break request anyway.

It was the regional officer which was too busy with strike action. You can probably guess which organisation it is, I just don't want to post the name so it doesn't come up on a google search.

Southend1

Check your OP carefully because you have named the organisation!