Employment Tribunal Advice Please

annandale

Sorry if I've missed this at all but did you appeal your dismissal? Did you go through the appeal procedure after they sacked you?

I know they sacked you when you were off sick and you didn't make the hearing ( I think) but did you have the opportunity to put written submissions to the disciplinary panel and when you were sacked did you appeal it before lodging the claim at tribunal

What I'm trying to say and maybe not explaining very well is that you had the right to appeal the decision they made to dismiss you

Converse20

annandale wrote: »

Sorry if I've missed this at all but did you appeal your dismissal? Did you go through the appeal procedure after they sacked you?

I know they sacked you when you were off sick and you didn't make the hearing ( I think) but did you have the opportunity to put written submissions to the disciplinary panel and when you were sacked did you appeal it before lodging the claim at tribunal

What I'm trying to say and maybe not explaining very well is that you had the right to appeal the decision they made to dismiss you

I did. They upheld the dismissal.

annandale

I think that my main concern for you would be is that you need to be sure that there is no way that your employers can say that there is any way that you could have committed gross misconduct.

If they think for example you were 25 per cent to blame for your dismissal, your award will be reduced by 25 per cent.

You've gone through this entire process on your own apart from recent discussions with acas. Again if I'm wrong you can say

But if you had had a union rep in with you at your grievance hearing for example then it wouldn't have gone the way it did.

Heated debates about disclosures, you being suspended. A grievance hearing should never be conducted like that.

You've had little support from start to end and no one to guide you. You need to be as sure as you can be that your case is winnable and someone legal is in the best position to be able to do that.

getmore4less

Converse20 wrote: »

The points that differed that are relevant were a new very strict whistleblowing policy, where there was previously none.

And the exact act that they say I commited, albeit without any evidence at all, is now listed as gross misconduct and punishable by summary dismissal.

If an act is not in a specific list of actions that are gross misconduct that does not prevent a company deciding it is gross misconduct.

they have just documented the conclusion of a disciplinary to make it clear for the future.

I only followed the thread a bit so may have been covered but if the new handbook clauses are legal(in that they can excluded these acts from whisleblowing protection) then they could apply before they were put in the handbook.

getmore4less

When it comes to what is a good offer average is a very bad measure.
you need far more context, even median would be fairly useless.

Converse20

So. They have refused to send thier skeleton argument! Surely the can't do that?!

steampowered

Converse20 wrote: »

So. They have refused to send thier skeleton argument! Surely the can't do that?!

What reason did they give for refusing to send it?

Is there an order of the Employment Tribunal ordering them to provide a skeleton argument on a certain date - if so what does the order say?

Converse20

They said that because I had indicated that I want to add a document to the bundle, and then didn't. They think that I'm trying to withhold documents until the hearing day.

I'm not. I found a document then it turned out to be wrong. So I didn't send it.

The order says that the respondent must, and the claimant may, send a skeleton argument by the 25th Jan.

Mersey_2

Whatever their reasoning, their failure to comply with Directions is just that. They are in breach and so will be liable for Costs if eg the Tribunal has to adjorn due to anything they file late. Plus they may not be able to rely on its contents at all (although this is rare).


Fax the ET (if you are able), or email: simply pointing out the R's failure to serve a Skeleton [and point out you have no further disclosure to make if this is the case].

Converse20

I've now received it. About an hour ago. They've just written it surprisingly.

Now to sit and pull it apart! Although it basically says 'we think she's wrong' 'we think she's lying'

It does invite the Tribunal to agree with them over me in any doubt. Is that allowed?