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Unfair Dismissal - DIY Employment Tribunal
g0liath
Posts: 48 Forumite
I am representing myself against my Ex Employer who has summarily dismissed me for alleged Racist comments to a colleague. At the dismissal meeting, it was specified as Harassment on the grounds of race contravening the company dignity at work policy.
I appealed and this was upheld as “Breached the Dignity at work Policy”. I felt this was very wrong and so sought legal advice. After £1510 to be told what I already knew I ditched the solicitor and decided to do this myself. I know my case the best and I am less than 5 weeks away from the hearing. I want to share this with others. Anyone who is also in this predicament or has advice and inspiration regarding this are most welcome to comment. :j
I appealed and this was upheld as “Breached the Dignity at work Policy”. I felt this was very wrong and so sought legal advice. After £1510 to be told what I already knew I ditched the solicitor and decided to do this myself. I know my case the best and I am less than 5 weeks away from the hearing. I want to share this with others. Anyone who is also in this predicament or has advice and inspiration regarding this are most welcome to comment. :j
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Comments
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Did you work for a big company?
What were you alleged to have said?
To be honest most cases are settled a few days or the day before the hearing as it's very expensive to defend a tribunal. I went and settled on the morning before my hearing. It didn't phase me one bit.0 -
There is a book that is really helpful called Employment Tribunal Claims: Tactics and Precedents by Naomi Cunningham and Michael Reed. I found it really helpful.
Did your solicitor think you have a chance?
They were only interested in "if I had a home policy to cover the fees". I know I am right as I researched it first and much data about employers fending off claims was a gold mine. I must have watched every employment tribunal video that has been uploaded. To answer your question, they said it was possible to win if I had £15,000. But I didn't have anything like that so I contacted the CAB. They have been absolutely fantastic. I just needed morel support and a bit of technical feedback.
I am very confident at the moment!0 -
What are you alleged to have said and to whom?We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0
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I am at the Bundle stage. This is my content and the legal reps content. It is not completed as per the CMO, so it is 6 days late and in an unapproved (by me) electronic format that is illegible (my documents seem to be the ones that are unreadable). I have asked for late entries that were sneaked in by the respondents reps to be taken out and vital pages of witness statements to be included where they have "accidentally missed them off". Its all good fun and games! They hate having to deal with a "pleb" and are quite derisory towards me, but I think they realise that I am going all the way with this. Its not about the money, its about reputation and justice....feel the rage...0
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DaveTheMus wrote: »What are you alleged to have said and to whom?
A colleague decided to say that good natured conversations about life and death and everything in between going back a long while were against his religion and belittling and demeaning. It started with an invite to lunch during Ramadan. It all went out of control, turned nasty and resulted in a complaint without any attempt at resolution. I was unaware of any of this until I was suspended. Shocking, as I am a really nice amenable chap who cares about everyone and everything. The real reason is what I am hoping to get over as there is history of this with another co-worker who tried to oust me some years back.0 -
monty-doggy wrote: »Did you work for a big company?
What were you alleged to have said?
To be honest most cases are settled a few days or the day before the hearing as it's very expensive to defend a tribunal. I went and settled on the morning before my hearing. It didn't phase me one bit.
Cheers Monty, It is a medium size firm and they want to use evidence from long ago by a different employee who wanted me out of the company and have my role after I had passed on my skills. It was really over my pay package as I was on more than the manager. I fought that one off and showed that I was being setup to fail by this person. They said I had told them that I attacked ethnic people in my youth. Total rubbish but then this second attempt at discrediting me was identical but from another employee working in the same section. It was convenient for management. You see where this is going?:A0 -
glad you are sticking up for yourself :beer:
just be careful what you say on here, as they could see it
please ignore the above advice as I'm nosy and it sounds more interesting than corry at the minute :rotfl:0 -
glad you are sticking up for yourself :beer:
just be careful what you say on here, as they could see it
please ignore the above advice as I'm nosy and it sounds more interesting than corry at the minute :rotfl:
I am careful not to give any specifics but I have learned so much about the way the process works and what the ET are looking at, that it is a waste to keep it all to myself. It is a bit of an obsession now with me anyway sniggins.0 -
monty-doggy wrote: »Did you work for a big company?
What were you alleged to have said?
To be honest most cases are settled a few days or the day before the hearing as it's very expensive to defend a tribunal. I went and settled on the morning before my hearing. It didn't phase me one bit.
How did they approach the subject (of settling) on the morning to you monty?0 -
A colleague decided to say that good natured conversations about life and death and everything in between going back a long while were against his religion and belittling and demeaning. It started with an invite to lunch during Ramadan. It all went out of control, turned nasty and resulted in a complaint without any attempt at resolution. I was unaware of any of this until I was suspended. Shocking, as I am a really nice amenable chap who cares about everyone and everything. The real reason is what I am hoping to get over as there is history of this with another co-worker who tried to oust me some years back.
If you really made a racist remark, interpreted as racist by any reasonable man, I hope your ex-employer, as matter of principle and to set an example, takes this all the way so you don't get a single penny. There are racist people in this world who think employers are afraid of defending themselves and will just settle and give them a payout. Won't happen if you have no leg to stand on, as implied by you having to let go of your solicitor.0
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