Employment Tribunal Advice

jt2420

Hi, I’m in the process of taking my former employer of nearly 5 years to tribunal and have about 4 weeks till the hearing. It’s a very long story to say the least! Basically I went to find out interview feedback from an internal promotion within the company, the Head of HR gave me this feedback. I had been unsuccessful on this and 3 other previous attempts at similar roles even though I was the only person out of four to have the relevant qualifications. In this interview the head of HR said everyone has a sealing in a company and went into a protected conversation and offered me a sum plus notice period to leave. I declined and she said we’d chat tomorrow and to think about it overnight.

I got called to her office the following day and asked if I had thought about her offer overnight, I said the sum wasn't enough money for me to leave. After how I had been treated in my time with the firm and if they wanted me to leave that badly they could pay me a year’s salary. She subsequently went on to say I was blackmailing the firm, I denied and said that I would quite happily go back to my desk, I was told “to do so with a smile on my face”. Later that afternoon a colleague advised I should go round to HR’s office to which I found the head of HR and another senior manager waiting. I started to get quizzed as to why I was trying to blackmail the firm to which I again denied because I genuinely wasn't, I was told I would be suspended on fully pay while they discussed the matter with the CEO.

The following morning I received a call from the Head of HR and the other senior manager saying that after speaking to the CEO they were all of the same opinion that they no longer wanted me working for the firm and I was Summary dismissed immediately for Gross misconduct in trying to blackmail the company!!!!!

I spoke to acas who advised me to appeal, which I did via email. I then received a letter stating the reasons for my dismissal that were in fact farcical to say the least one of which is that I winked that confirmed my guilt! I was also told they would not allow me to appeal because they would never have me as an employee again.

I was given no disciplinary hearing, no right to see any evidence, no minutes from any meetings not allowed to appeal. Basically sacked over the phone.

I then started the tribunal process after they refused to mediate with ACAS. I have had numerous letters from their solicitors threatening me with costs as my case is doomed to fail and I should withdraw, giving me deadlines in which to do it. They are refusing to give me documents I have requested, the few they have sent have pages blanked over so I can’t see the contents. All lines within the company are recorded for FCA monitoring purposes and they are refusing to give me a copy of the call which I was sacked in saying it doesn't exist, even though its written in their handbook that all lines are recorded. They’re pretty much going to every extent to make life difficult for me. They have also stated in their ET3 form that if the case is found against them in terms of being procedurally unfair they will ask for zero compensation due to me contributing to my own dismissal!!

Now I get to the reason for my post. I have now instructed my own solicitor who is very good and also charging a small fortune and he has been in touch with their representatives, who have said their client is not prepared to negotiate in any way with me and they have now instructed a QC to represent them at tribunal and I will be liable for their costs as well. I think this is a bit extreme for a tribunal and wondering if anybody else has come up against a QC. I’m meeting my own barrister this week for the first time but my solicitor is dealing with everything else.

Any advice from anyone that’s been up against a similar solicitor or opinions why my ex employer is going to such great lengths would be greatly appreciated? Surely if their opinion is that my case is doomed to fail why would they need a QC?

Thanks and sorry for the essay!

pinkshoes

Havent been in your position, but I wish you luck.

I imagine they are just trying to scare you into pulling out as they realise they might lose.

My OH works at a company where those without a degree have a ceiling. Shame, as he is the most experienced in his department, and sick of those promoted constantly asking him how to do things!

badskindollheart

Same as pink shoes, I've not been in your situation but they seem to be trying VERY hard to dissuade you; one must ask why? If they were so confident in their case surely they'd just let it play out?

You don't mention that your solicitor is concerned by this, probably as he's used to such posturing, so assuming he's not concerned, I wouldn't worry.

jobbingmusician

Yes, it's very common for employers to threaten that the employee will have to pay costs if they lose, and very rare for non-malicious employees ever to be required to pay such costs.

Takeaway_Addict

badskindollheart wrote: »

Same as pink shoes, I've not been in your situation but they seem to be trying VERY hard to dissuade you; one must ask why? If they were so confident in their case surely they'd just let it play out?

You don't mention that your solicitor is concerned by this, probably as he's used to such posturing, so assuming he's not concerned, I wouldn't worry.

Disagree, even if you think you can win you would still try and get the other party to back out because there is always the slim chance you lose. So why not have multiple cracks of winning.