Going to tribunal a few questions...

Buckyboy04

I have been dismissed for gross misconduct from my previous employer in July. I found a new job and life is slowly getting back on track but I've gone through the appeals process and what started out as theft/bribary/putting the company's name into disrepute ultimately ended up with not following work procedures and falsifying a report so summary dismissal stood. First question: I was with a colleague at both hearing and appeal and was told he cannot have any input other than to take notes although we can have as many adjournments as we wanted as long as I present my case myself. Is this legal?
Second question: there were 4 witnesses on site and they chose to go with only one who gave a witness statement reluctantly and contradicted himself on a few occasions. When I asked why the others were not interviewed, I was told their English was not up to scratch and the information from the one source was sufficient(even though he conceded more than once that he used to be a police officer in a corrupt police force where bribes were common). The company I worked for has a language line set up for translation, dare I say...

Thirdly, the summary dismissal was upheld even though it is common knowledge with management that procedures are not always followed and no one else has been dismissed or even disciplined for the same breaches. Does that impact my case?
Finally, after my investigation hearing, the investigator was contacted by the person who took the notes during the investigation meeting to ask what the outcome was and this information was shared with him(I've got verified e-mails between them), is that not a breach in dpa as he surely should not be privy to any outcome after the meeting.

Sorry for the long message, hope I can get some guidance before forking out £1200+ on a no win situation.
Thanks in advance everyone

tykesi

I think the first most important question for you would be how long did you work there?

NeilCr

Get some face to face professional advice

I don't think you want to be risking £1200 on the views of some people on an Internet forum. Especially, as we aren't going to be in possession of the full facts.

Having said that you aren't out of time are you. You usually have three months to go to an ET

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/starting-an-employment-tribunal-claim/

motorguy

Firstly, time with employer is significant as has been said. Need clarification on that.

Also, clarification on whether or not you are within the time frame for going to an ET.

Also, did you appeal using their appeals process?

Based on my own experience, and that of my wife whos head of a 1,000+ staff call centre and thus is involved with this sort of stuff very regularly....

Buckyboy04 wrote: »

First question: I was with a colleague at both hearing and appeal and was told he cannot have any input other than to take notes although we can have as many adjournments as we wanted as long as I present my case myself. Is this legal?

The person with you should be allowed to take notes and ask questions, but not express an opinion or answer on your behalf.

Buckyboy04 wrote: »

Second question: there were 4 witnesses on site and they chose to go with only one who gave a witness statement reluctantly and contradicted himself on a few occasions. When I asked why the others were not interviewed, I was told their English was not up to scratch and the information from the one source was sufficient(even though he conceded more than once that he used to be a police officer in a corrupt police force where bribes were common). The company I worked for has a language line set up for translation, dare I say...

All four should have been interviewed if they were witness and available.

Buckyboy04 wrote: »

Thirdly, the summary dismissal was upheld even though it is common knowledge with management that procedures are not always followed and no one else has been dismissed or even disciplined for the same breaches. Does that impact my case?

No, every case is stand alone, unless they have said a previous case is a precident.

Buckyboy04 wrote: »

Finally, after my investigation hearing, the investigator was contacted by the person who took the notes during the investigation meeting to ask what the outcome was and this information was shared with him(I've got verified e-mails between them), is that not a breach in dpa as he surely should not be privy to any outcome after the meeting.

Possible breach of confidentiality, but no bearing on the outcome.

Buckyboy04 wrote: »

Sorry for the long message, hope I can get some guidance before forking out £1200+ on a no win situation.
Thanks in advance everyone

Of your four questions, the only one that would be strong in your defence would be the fact they should have interviewed all four people. They should have got a translator in if the other three didnt speak very good english.

My wife says if it were her, she'd probably proceed on the strength of that.

We would both personally seek a session with an employment solicitor and get their legal take on it - They generally charge £100-£200 for a session but they will give you proper legal advice before proceeding.

nicechap

Did you falsify a report?

Did you not follow company procedures?

What did your union say?

I know there's a hook in the story for people to get side tracked on so I'll ask, what is the point of mentioning someone used to work for a corrupt police force? Are you trying to get people to make racist or libelous comments?

Buckyboy04

12 years with no previous warnings, not even verbal..

Undervalued

Buckyboy04 wrote: »

I have been dismissed for gross misconduct from my previous employer in July. I found a new job and life is slowly getting back on track but I've gone through the appeals process and what started out as theft/bribary/putting the company's name into disrepute ultimately ended up with not following work procedures and falsifying a report so summary dismissal stood. First question: I was with a colleague at both hearing and appeal and was told he cannot have any input other than to take notes although we can have as many adjournments as we wanted as long as I present my case myself. Is this legal?
Second question: there were 4 witnesses on site and they chose to go with only one who gave a witness statement reluctantly and contradicted himself on a few occasions. When I asked why the others were not interviewed, I was told their English was not up to scratch and the information from the one source was sufficient(even though he conceded more than once that he used to be a police officer in a corrupt police force where bribes were common). The company I worked for has a language line set up for translation, dare I say...

Thirdly, the summary dismissal was upheld even though it is common knowledge with management that procedures are not always followed and no one else has been dismissed or even disciplined for the same breaches. Does that impact my case?
Finally, after my investigation hearing, the investigator was contacted by the person who took the notes during the investigation meeting to ask what the outcome was and this information was shared with him(I've got verified e-mails between them), is that not a breach in dpa as he surely should not be privy to any outcome after the meeting.

Sorry for the long message, hope I can get some guidance before forking out £1200+ on a no win situation.
Thanks in advance everyone

Unless you have already filed your tribunal claim the rest of this is irrelevant as you are well out of time! A tribunal claim has to be filed within 3 months, less one day, of your dismissal. Only under the most exceptional cases is this varied.

Buckyboy04

No, I didn't and I am honest I am black but I have not once played on race and have no interest in dealing with it in that fashion. The guy actually discloses that information in his witness statement.

Buckyboy04

motorguy wrote: »

Firstly, time with employer is significant as has been said. Need clarification on that.

Also, clarification on whether or not you are within the time frame for going to an ET.

Also, did you appeal using their appeals process?

Based on my own experience, and that of my wife whos head of a 1,000+ staff call centre and thus is involved with this sort of stuff very regularly....



The person with you should be allowed to take notes and ask questions, but not express an opinion or answer on your behalf.



All four should have been interviewed if they were witness and available.



No, every case is stand alone, unless they have said a previous case is a precident.



Possible breach of confidentiality, but no bearing on the outcome.



Of your four questions, the only one that would be strong in your defence would be the fact they should have interviewed all four people. They should have got a translator in if the other three didnt speak very good english.

My wife says if it were her, she'd probably proceed on the strength of that.

We would both personally seek a session with an employment solicitor and get their legal take on it - They generally charge £100-£200 for a session but they will give you proper legal advice before proceeding.

Thank you soooo much. I will look into getting a session. I have enough time because of the concelliation pausing the timeframe for the application for tribunal. I really appreciate this advice!

Undervalued

Buckyboy04 wrote: »

Thank you soooo much. I will look into getting a session. I have enough time because of the concelliation pausing the timeframe for the application for tribunal. I really appreciate this advice!

OK, but be very very careful about this as if you do slip out of time that is game over.

Beyond that then yes, get some proper professional advice about the viability of any claim. In the unlikely event that you are offered a no win no fee deal be very sure you fully understand it before signing. Although that would protect you against losing is perfectly possible to win and end up out of pocket!

Buckyboy04

Will do thanks, I will get a session booked in asap because I think that 12 years with no prior warnings, refusal of representation(got this in writing too) and admission of failing to interview relevant parties should count in my favour. I just had a friend who still works for the firm who told me he is happy to come and give evidence to confirm that no one ever got disciplined for similar issues when he was in management as recent as last year... Thanks for all the advice guys!