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Taking my ex employer to a tribunal
Comments
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I had worked there for 5 1/2 years. The lies are:
One person has says that I was waving my arm around in an aggressive manner whilst on the phone to my mother.
I have hemiplegic cerebral palsy and only have the use of one arm. This would have been holding the phone. So how could I be waving my arm around in an aggressive manner when I had A phone held to my ear in my only good arm/hand. - This is clearly possible with the use of a headset (which comes standard with an iphone). It may not be true, but on the balance of probabilities, it's certainly possible.
My disability is obvious - Perhaps. But that doesn't mean that there is automatic disability discrimination. You've worked there 5.5 years, so presumably there had been adjustments made to your working conditions? I also have brain scan images and medical notes to back this up. My ex employer was meant to of got occupational health involved so that they could understand that he didn't effects of my disability that are mentioned in my medical records of which I did provide them information of. They failed to do this! - But did they make the adjustments you asked for?
The same member of staff said I was ranting to another member of staff. There was no statement taken from this member of staff that I was supposed to have rented a raved to, to back this accusation up. - Perhaps that person did not wish to make a statement?
Another member of staff accused me of calling a manager a !!!!! and a lesbian, no one back her accusation up. This member of staff knew about this manager sexually harassing me and it was also the same manager sacked her son. She is always rude to the customers and is always threatening to floor people. I'm not really open about my sexuality but and bisexual. So why would I say something so homophobic. - Being bisexual doesn't stop you from making homophobic comments. Again you might not have done, but that's not much of a defence.
I also have autism and I needed my dad to help me communicate in the appeal hearing this was not granted. - were you allowed to bring a co-worker in? Were any adjustments done? Just because they weren't isn't automatically discrimination, but it sounds like some adjustments might've been required. ACAS have agreed that reasonable adjustments have not been made. And the appeal hearing itself I was asked something that is visually obvious. I was asked you say you couldn't have been waving your arm around in aggressive manner whilst on the phone to your mother because you only have the use of one arm can you expand on this?
I however was not asked to expand on its me saying I did not call this manager a !!!!! and a lesbian!
I think your case is very weak. Sorry.0 -
I'd have to agree with Guest101 - based on what you are saying here, I think it's weak. And what does not help is that there appears to be more than one person making allegations, which makes a pattern of behaviour. In law the employer does not have to show that they have evidence that something happened, only that they have a reasonable belief that something happened. If it was one incident, or even one person, that may be a different matter; but it is reasonable to wonder why more than one person would be telling lies about you. And a tribunal applies exactly this test - is the employer reasonably convinced, not do they have evidence.
What you are doing is adding in a whole load of opinion about people who are "always rude" etc - this has absolutely nothing to do with your case, and ranting on about such things simply plays right into the employers case - you are making unsubstantiated and pretty nasty comments about managers, which is exactly what you have been accused of!
If I strip out all of this irrelevant opinion, I have left the fact that three separate incidents of unacceptable behaviour have been complained about by two people. Why are those two people lying (allegedly) - the managers making up the disciplinary panel aren't those people making complaints, and so that seems to make quite a lot of people who actually don't believe you.
And also - ACAS are not permitted to make any comment as to a case - so they either have not said that there was no reasonable adjustment, or you have misunderstood them, or they have broken their own terms of reference. Whichever it is, ONLY a tribunal can determine that matter, so do not think that this has any bearing at all on the strength of your case, because it doesn't.0 -
I think your case is very weak. Sorry.
No they never carried out their own recommendations.
Not taking a statement from this member of staff amounts to unfair dismissal, as it is hearsay! It never even happened.
I don't have a headset. They have even admitted themselves that it was exaggerated.
A Solicitor has said I've got a very good case!0 -
No they never carried out their own recommendations. - But I thought OH hadn't been involved. In which case there are no recommendations? - Sorry confused.
Not taking a statement from this member of staff amounts to unfair dismissal, as it is hearsay! It never even happened. - An employer does not need definitive proof. And As I said, the employer cannot compel the employee to make a statement. The person simply might've refused.
I don't have a headset. They have even admitted themselves that it was exaggerated. - It's not about what you do and don't have. It's what's plausible. The employer will think this is a plausible situation. (all iphones are sold with a headset for example)
A Solicitor has said I've got a very good case!
Great, then:
A: Why are you here?
You're paying a solicitor to do this
B: A solicitor will often say you have a great case, but then you're paying them....0 -
It all started when I reported bullying. The person I reported this to is a supervisor and she said it was not her job to deal with it. I have a bit of paper that says it is her job. I did report this bullying to my manager previously but never received any feedback and they transferred him to another store quickly. They also admitted disciplinary action should have taken place against this manager I felt was bullying me, but didn't. This manager even admitted to breaking Company policy.0
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It all started when I reported bullying. The person I reported this to is a supervisor - Is she your supervisor though? and she said it was not her job to deal with it. I have a bit of paper that says it is her job - It's not really relevant now, as the bullying is not an issue and you weren't dismissed because of the allegation. I did report this bullying to my manager previously but never received any feedback and they transferred him to another store quickly - Who's they? Transferred who? Your manager? It's not really relevant, but it is confusing.. They also admitted disciplinary action should have taken place against this manager I felt was bullying me, but didn't - Who's they? . This manager even admitted to breaking Company policy.
What has this got to do with your dismissal?0 -
No, I'm not paying a solicitor. I had a solicitor look at it quickly, for free through CAB.
Ah, so likely not a solicitor, but a legal advisor (though it is sometimes a solicitor)
Either way, it's no different to someone on the street saying you've got a great case - as they haven't put their name down to represent you.0 -
Ah, so likely not a solicitor, but a legal advisor (though it is sometimes a solicitor)
Either way, it's no different to someone on the street saying you've got a great case - as they haven't put their name down to represent you.
No, it was an employment solicitor! I was put in contact with via his office.
When I say they, I mean the company. Doesn't matter whether she was my supervisor or not, she is a BIG ( Business in groups) rep for the store. She is meant to be listening to peoples issues and dealing with them.0
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