Unfair Dismissal - DIY Employment Tribunal

g0liath

loveka wrote: »

I really would avoid presenting the Facebook self depreciating comments as evidence. Someone saying something about themselves is no defence-by which I mean in law for someone else saying it about them. In discrimination cases this is often a stumbling block at a tribunal.

Your best defence is that your employer should have given you feedback about the offence you caused to the individual, not sacked you immediately.

Your employer may have been trying to protect themselves from a possible discrimination /harrassment claim. In civil law, had this person taken the employer to a tribunal for harassment, the burden of proof would be on the employer to prove that the comments were not made. Similarly, the comments do not have to have had a racist intent. It is how they are received by the victim.

You need to concentrate on the facts around the dismissal rather than trying to excuse the comments. In my view, they should have given you a chance. Does your employer run training in diversity or their dignity at work policy? If not you can use this as part of your defence.

There were offers of feedback by the supervisor to me but it was declined by the alleger. Then the alleger said all sorts of stuff had been happening over many months a few days later. Bingo! suspension then investigation and out the door 3 weeks in all from start to end.
Exactly what I thought in the first place as to a reason why this happened. I suggested 'mischief' as a reason alluding to what you have also suggested but this has mysteriously disappeared from the interview.

g0liath

I have examined the ET1 statement that I made initially and ensured that I can justify this. I have shown information (quotes) from the bundle.
There appears to be deviation and incorrect statement claims in the dismissing officers Witness statement and I am lining these up for my big day.

g0liath

loveka wrote: »

I really would avoid presenting the .

You need to concentrate on the facts around the dismissal rather than trying to excuse the comments. In my view, they should have given you a chance. Does your employer run training in diversity or their dignity at work policy? If not you can use this as part of your defence.

I have shown that interviews taken at the hearing stage were not presented to me and 'quoted' in my dismissal letter without an opportunity challenge them. There was very personally scathing statements about me. Also the story to the main infringement (that never happened) has more outrageous additions which are picked up by the panel (challenged the alleger) and not actioned or followed up. The same happens in the appeal with more additional exaggeration.
No training only asking to read and sign to say understand the dignity at work policy and I have covered this in my witness statement.

g0liath

The Tribunal is likely to read only those documents referred to in the witness statements. Good job I threw it all into my statement and I quoted the pages and text. I spent a lot of time. If this goes to the end, I will publish the details in full to help other people and I will make sure the knowledge is not wasted.

g0liath

loveka wrote: »

I really would avoid presenting the Facebook self depreciating comments as evidence. Someone saying something about themselves is no defence-by which I mean in law for someone else saying it about them.

I am not using this as a defence. The description of the posts is similar to the accusation to me and the same subject matter of the 'offence'
The Allegation is completely fabricated. the Respondent wanted to believe everything presented and nothing that I said. They state it in the dismissal. Very convenient that the person left and I show there was an intention to leave before this 'kicked off'.
Also convenient for the respondent to dispose of me at the time my project was at its end and all the knowledge had been passed. The new product is out this year and is easier to sort.
My interview was an 'interrogation' and not impartial or balanced. The line of questioning is shown to be so.

AndyPK

Could someone help please.

This link appears to show the appeals of tribunals ? Is that correct ?

http://www.bailii.org/uk/cases/UKEAT/

Where do I find the initial tribunal ?

Thanks.

Pricivius

First instance Tribunal cases are not reported as they do not set a precedent in law. Some may be available online if those involved choose to post them, but generally, as they cannot be relied upon, they are not publicly available.

Starlet

I dont know if this is possible, but have you thought about getting character references from a wide variety of people outside of work, to show that these allegations contradict your personal character?

AndyPK

g0liath wrote: »

If this goes to the end, I will publish the details in full to help other people and I will make sure the knowledge is not wasted.

Good luck with your case.

I would appreciate if you did publish the details/guide/tips as I am going through this myself.

sensibleadvice

g0liath wrote: »

So you are a Solicitor with a chip on your feeble shoulder?

They have a fair point. You've already said the company has evidence of gentle conversations that no one was troubled by at the time. Who's perception is gentle? Presumably not the victim's or employer's. How do you know the victim hasn't been bottling up all these 'gentle' conversations and have reached a point where they've had enough? All this on the balance of probability, a balance that your solicitor didn't feel they could back.