Employment Tribunal - help needed

mazza1985

I didn't know there is a help line you could ring. The local reps were worse than useless. They did not return calls, and took days replying to emails. By comparison, when I was having trouble with my own employer, the service from Unison was outstanding. I suspect the local rep was poor in responding (before he was made to return to his duty) as he is close to the manager that suspended my partner originally. Of course this is only my own suspicion, I could be completely wrong.

I will tell him to ring the help line first thing on Monday. Although I am unsure what they would be able to do at this stage, as he has already been dismissed and does not intend on going back to his job if successful?

nightingalesgarden

http://www.cwu.org/postal-contacts.html

Pricivius

mazza1985 wrote: »

<<<SNIP>>>And to be honest, his boss was that rude to him and was being that difficult he just simply could not face going back. I know on here the case seems all over the place but I do not want to disclose all of the facts, as we have evidence that I do not think the organisation have, and if they came across it on here by chance it would give them time to try and cover things up. Obviously once documents have been exchanged I would be able to disclose more.

If you could prove that you made the career break application months ago, then the 3 month deadline would not have been a problem. So it's not really the case that there was no time to appeal. There was plenty of time to appeal, but your OH didn't want his job back. This is the kind of thing that the employer's barrister will get to the bottom of, so make sure you get the story straight.

Also, it sounds like you are preparing an ambush - disclosing information/evidence at the last minute to catch the employer out. This is simply not acceptable in the Tribunal and will be frowned upon by any Judge. As you have had a CMD, you must have the date for disclosure and you must disclose ALL documents and evidence you hold, as must the employer. You cannot withhold anything and the duty is ongoing so if either party comes across anything in the months running up to the Trial, you must disclose it as soon as possible.

One other point to note is that if your OH was planning on taking a year-long career break, this would have been without pay so his future losses are virtually zero. Even if your OH can show discrimination, which without a smoking gun looks very unlikely, he is left with his injury to feelings award would be low for an isolated incident and then reduced by up to 25% for failure to appeal.

People on MSE can only advise based on the information you give so if you're leaving out huge chunks of information, it's largely a pointless exercise.

mazza1985

What proof would he have of submitting the career break form earlier? He handed it to his manager. I'm not planning an 'ambush' I just simply haven't exchanged documents yet! I want to make sure it is watertight before I do, does that make more sense? The delay in sending documents and schedule of loss is only down to an urgent piece of coursework due in to my tutor at university. And I need to add (whilst I am grateful that you have attempted to do this), I never asked for help in determing if I have a case or not. However he discussion has helped me make a decision on the "injury to feelings" value on the schedule of loss. It isn't a high value case, we are not after mega bucks, it's more the principle that employers cannot treat their staff in this manner. The future loss value of the claim is 0. The previous loss of earnings is £1860 (5 weeks wages where he would have worked), statutory payment for unfair dismissal is £1860. I've added an uplift of 10% for not following employers code (not acknowledging the grievance). Injury to feelings will be in the lower band somewhere, exact figure to be decided.

TTC40 I've just realised I did not completely answer your post. He attended one fact finding interview,where his manager paraded him in front of his colleagues, whilst talking loudly to his union rep about "dishonest post men" and not acknowledging my boyfriend. He sneered at him in the meeting, and didn't record the answers he gave correctly or not at all. My partner has a history of anxiety and IBS. Afer the meeting his IBS deteriorated to a point that he was sat on the toilet almost constantly and he was being sick with anxiety. There is no way he was fit to attend a meeting in that state. After that we were bombarded with 2-3 special deliveries a day, threatening to sether his pay or dismiss him if he did not attend meetings, despite ATOS and GP declaring him unfit to attend.

Ronaldo_Mconaldo

Look on the bright side. He's now got all the sick leave, paternity leave and career break he could ever need. Seriously, is this a joke? Why don't people like you just get on with fighting things like this which you'll obviosly lose rather than informing the world of your little crusade?

mazza1985

Well its not a career break is it? Because he has no job to go back to! I came on here for ADVICE.

Actually I came back on today to tell you we have been made an offer, and to thank those that actually gave me advice.

jacques_chirac

mazza1985 wrote: »

Well its not a career break is it? Because he has no job to go back to! I came on here for ADVICE.

Actually I came back on today to tell you we have been made an offer, and to thank those that actually gave me advice.

Of course they have