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Taking my ex employer to a tribunal

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Comments

  • amyjaj
    amyjaj Posts: 106 Forumite
    Got to mention, that when Company moves a manager they already have a replacement before they go. I've been told that she has not been replaced yet.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    amyjaj wrote: »
    She is 26, and lives with her long-term boyfriend, his brother his girlfriend. She had a driving license before she arrived in store. Doing exactly The same job in her new store as she was in my store there will be no change of wages. Before you ask how I know this. She used to share trivial things with me like she didn't iron her clothes, didn't tumble dryer anything and was very interested in whether I wanted to meet someone romantically in a work conversation, really irrelevant to a Conversation about work and me becoming very ill with stress. Which everyone could see. Nine hours after that conversation I was taken to A&E in an ambulance, due to the things the conversation was meant to be about. I did in fact warn people I would end up in A&E.

    1: shed USED to tell you these things? Well she might've told you some of that at the time, but obviously she's not going to be telling you anything about her life now! You cannot know what her wages are, nor the reason for the move.
    2 you became ill because a colleague asked you about your love life?
    3: 9 hours after the incident you were taken to a&he for what? Stress? Anxiety? I'd of thought a&he would be the worst place for you?
    4: my examples were just possibilities. Maybe she's pregnant - or would you know about that too?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    amyjaj wrote: »
    Got to mention, that when Company moves a manager they already have a replacement before they go. I've been told that she has not been replaced yet.

    So you think they're moving this manager because you've filed a claim with a tribunal?

    What's the benefit in this?
  • kazzah
    kazzah Posts: 460 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    well, I;ve had a brief (ish) read through and all i can say is that if the OP
    runs her claim in the manner she is posting these comments she hasn't a cat in hells chance of winning.

    I lost the plot about half way through is the unfair dismissal claim because
    A) they did not follow their own procedures before dismissing the OP ?
    or
    B) because they failed to make reasonable adjustments for the Op's disability - which if she had been working there for 5.6 years without them being put in place, she clearly didn't need?

    does anyone else feel the OP is trying to ameliorate the accusations of poor behaviour by saying her needs were not met ?
  • amyjaj
    amyjaj Posts: 106 Forumite
    Guest101 wrote: »
    1: shed USED to tell you these things? Well she might've told you some of that at the time, but obviously she's not going to be telling you anything about her life now! You cannot know what her wages are, nor the reason for the move.
    2 you became ill because a colleague asked you about your love life?
    3: 9 hours after the incident you were taken to a&he for what? Stress? Anxiety? I'd of thought a&he would be the worst place for you?
    4: my examples were just possibilities. Maybe she's pregnant - or would you know about that too?

    I was taken to A&E with Mini stroke like episodes, was discharged after four hours, With a referral to the mini stroke clinic and then was readmitted within four hours of discharge after another mini stroke like event. That's when doctors started to investigate into wheather they were epileptic fit . Doctors now think they are stress induced attacks that mimic epilepsy. We didn't know what they were before, but I did have a strong feeling that I would end up in hospital if I was left in a stressful situation for too long. They had a duty of care to me and they failed miserably. A number of people have voiced how they have never known a company to screw up so many times. I have a lots of support in store apparently.
  • kazzah
    kazzah Posts: 460 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    amyjaj wrote: »
    I was taken to A&E with Mini stroke like episodes, was discharged after four hours, With a referral to the mini stroke clinic and then was readmitted within four hours of discharge after another mini stroke like event. That's when doctors started to investigate into wheather they were epileptic fit . Doctors now think they are stress induced attacks that mimic epilepsy. We didn't know what they were before, but I did have a strong feeling that I would end up in hospital if I was left in a stressful situation for too long. They had a duty of care to me and they failed miserably. A number of people have voiced how they have never known a company to screw up so many times. I have a lots of support in store apparently.

    sadly the "lots of support in store" will count for nothing at a tribunal - and I think if you believe that your colleagues are likely to take time off work and attend an Employment Tribunal on your behalf against their employer - you are probably going to be very disappointed.
  • amyjaj
    amyjaj Posts: 106 Forumite
    kazzah wrote: »
    well, I;ve had a brief (ish) read through and all i can say is that if the OP
    runs her claim in the manner she is posting these comments she hasn't a cat in hells chance of winning.

    I lost the plot about half way through is the unfair dismissal claim because
    A) they did not follow their own procedures before dismissing the OP ?
    or
    B) because they failed to make reasonable adjustments for the Op's disability - which if she had been working there for 5.6 years without them being put in place, she clearly didn't need?

    does anyone else feel the OP is trying to ameliorate the accusations of poor behaviour by saying her needs were not met ?


    Not being nasty or anything, but you need to go back and read again. They identified that I needed support back in May last year. How will I lose against people who say I was waving my arm around in an aggressive way whilst holding a phone to my ear when I only have the use of one arm and hand. I have medical evidence and brain scans images to back this up! I only made this topic to ask why would a company take so long to respond to a tribunal claim when it puts them at risk of not being able to defend themselves in court! If they had nothing to hide they would have responded by now! How do I know they haven't responded? It's because any response from them gets forwarded to me!
  • tripled
    tripled Posts: 2,883 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm no legal expert, but I can tell you there seems to be a lot of irrelevance and rambling in your story.

    Someone gave someone a look
    Some people were talking
    Someone moved store
    Someone else's relation got sacked

    All mean nothing to anyone other than yourself. You need facts that will support your case. Supposition and assumptions about what some action might have meant does not count as evidence or facts, nor does gossip and hearsay - which on one hand is exactly what you are saying you are a victim of and should be discredited, and on the other you seem to think other hearsay counts in your favour.

    All that is of interest is:
    Why were you dismissed
    Was the correct procedure followed

    So you have a strong claim that the procedure was not correctly followed, and as a result you were dismissed unfairly. Get your facts and stories straight in your head about the alleged incidents and the procedure around your dismissal.

    Forget what so and so told Jimmy who told Fiona who told her dog who told the cat who told me she thought she saw. Don't get side-tracked.

    On x date, I submitted a letter to my employer (copy supplied) from a specialist stating I had y condition. I needed z reasonable adjustments, that were not carried out.

    On x date, I had a disciplinary hearing with my employer y over unfounded allegations of behaviour, which I refute. I notified them in advance I needed z reasonable adjustments because of my disability, which they did not accommodate/they did not give me the correct notice/they did not follow some other procedure.

    In x dismissal, there were unfounded allegations of x/y/z. No evidence was provided nor were there any witnesses to these incidents, but I was unfairly dismissed as a result.
  • amyjaj
    amyjaj Posts: 106 Forumite
    tripled wrote: »
    I'm no legal expert, but I can tell you there seems to be a lot of irrelevance and rambling in your story.

    Someone gave someone a look
    Some people were talking
    Someone moved store
    Someone else's relation got sacked

    All mean nothing to anyone other than yourself. You need facts that will support your case. Supposition and assumptions about what some action might have meant does not count as evidence or facts, nor does gossip and hearsay - which on one hand is exactly what you are saying you are a victim of and should be discredited, and on the other you seem to think other hearsay counts in your favour.

    All that is of interest is:
    Why were you dismissed
    Was the correct procedure followed

    So you have a strong claim that the procedure was not correctly followed, and as a result you were dismissed unfairly. Get your facts and stories straight in your head about the alleged incidents and the procedure around your dismissal.

    Forget what so and so told Jimmy who told Fiona who told her dog who told the cat who told me she thought she saw. Don't get side-tracked.

    On x date, I submitted a letter to my employer (copy supplied) from a specialist stating I had y condition. I needed z reasonable adjustments, that were not carried out.

    On x date, I had a disciplinary hearing with my employer y over unfounded allegations of behaviour, which I refute. I notified them in advance I needed z reasonable adjustments because of my disability, which they did not accommodate/they did not give me the correct notice/they did not follow some other procedure.

    In x dismissal, there were unfounded allegations of x/y/z. No evidence was provided nor were there any witnesses to these incidents, but I was unfairly dismissed as a result.

    That is exactly what I am saying. The person that has said I called a manager a !!!!! and a lesbian had her son sacked by this manager. She also knew that this manager sexually harassed me. She even told me that it was sexual harassment what this manager was doing. So she would say something nasty about this manager and use it on me. There was no witness on her part to back this accusation up. As I have said I am bisexual, lesbianism is part of bisexuality. If I had been asked to expand on this accusation in my appeal hearing, I would have told them, this. In fact I started to tell the manager in the appeal hearing why this person would say this, they didn't want to listen.

    This other person, Who said I was waving my arm around in an aggressive manner when I had the phone to my ear in my only good hand. This is a visually a blatantly obvious lie of which the manager in the investigation accepted despite knowing I only have the use of one arm. Also saying that I was ranting and raving to a member of canteen staff, then not taking a statement to back this accusation up, neither was there a witness on her part to back up what she said. This is all relevant this is what they based my dismissal on. And from the statements it was he says she says. They've all got together to make up their story's.

    This person that said I called this manager a !!!!! and and lesbian, has told someone Who 4 months earlier I mentioned that I had a hospital appointment two days before Christmas because of the epilepsy investigations, so that it was sorted on the Rosta, then they've gone and said I didn't plan on working the Christmas period. They use that in the investigation even though it wasn't true and it's four months to late to report it!
  • sangie595
    sangie595 Posts: 6,092 Forumite
    I am about to give up here because we are going around in pointless circles. One last effort.

    WHY would someone whose son was sacked by a manager say that YOU made these abusive and discriminatory comments?

    WHY would someone make up the fact that you were ranting and raving at a third party?

    Even if the third incident cannot be accurate, was there ANY reason that this person could have thought that you were being aggressive, and if not, why would they lie about it?

    Why on earth would they all get together to make up such lies about you?

    You keep saying that there was no evidence and no witnesses - there were two witnesses and they gave evidence about what they say that you did. Your keep on bringing up extraneous matters that have NOTHING to do with the dismissal to support your case when these things not only don't support your case, but they actually make it sound more likely that you did do what you are accused of. Over your posts you have made up an entire battery of allegations against managers and staff based on what you say about them and nothing else. How are we to believe that you then didn't do the same thing at work - never mind convince a tribunal of it?

    If you can't make the argument here when it doesn't matter, what are you going to do differently to convince a tribunal - because they won't be caring about trying to help you sort out your story, and the employers lawyers won't be caring about anything at all except trouncing your story. And if you carry on in this way at a tribunal then you will be making it easy for them.
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