Employment Tribunal

sangie595

polgara wrote: »

I'm in HR and believe that you should appeal if you feel a decision is wrong and not just because you are angry.

I was part of a decision to dismiss someone recently and the panel were almost begging the individual to consider an appeal, rather than get very personal and abusive as they did. Mainly as the chair was in two minds about the severity of the sanction. Unfortunately the individual is now caught up in the injustice of it all, to their mind, and not listening to my gentle advice about how their conduct on the day tipped the chair's decision when rightly they could have had a lesser sanction.

Excellent advice. Declaring class war is immense fun - it also rarely gets one anywhere. There are times when there is no alternative to a battle. It should never be the first choice. Because, more often than not, you lose! The world ain't fair. I've saved more jobs with a genuine apology than with a tribunal. Even a final warning can be redeemed. A dismissal is that much harder to get past.

Mersey_2

Polgara - Although I did say if you have been wronged (not just if you think you have been).


Incidentally, I hope you pointed out to the chair that if his/her decision to dismiss was based on anger at whatever the employee said, that in itself is potentially unlawful and appealable.


Indeed my local paper only last week featured a case where the employee was dismissed by the local authority for being rude during the disciplinary hearing - the employee won at Tribunal as it was held not to be an objective decision at all, but based on what had been said in the heat of the moment (and after provocation).

dippy3103

Oh I am keeping it dignified and not discussing at work. I have submitted a chronology of events and it was only when I was compiling that I took a step back and realised how compelling it is.
I have made a point of not submitting anything in a flash and I have a wedge of documents which support my claim. None of it is hearsay and as I don’t trust them I have kept every email regarding it.
Not enjoying doing it as they are my current employer.
Like others have said, no point starting a class war but equally I feel wronged and my only redress is through the tribunal system.

polgara

Mersey

I’m not going to go details for obvious reasons but a simple apology, would have, in all likelihood, have resulted in some form of written warning and maybe a demotion. Just to make it clear it wasn’t anger/rudeness that swayed the decision (that came after the decision was given)

Mersey_2

polgara wrote: »

I was part of a decision to dismiss someone recently and the panel were almost begging the individual to consider an appeal, rather than get very personal and abusive as they did.

Polgara - fair enough. Then in that case it sounds like a valid and fair process was undertaken. Whereas I took the above to mean what you said (that the dismissal came about after the employee was rude at the disciplinary).


dippy3103 - well done on compiling the chronology. That's a vital step that many overlook in all civil matters.

Savvy_Sue

dippy3103 wrote: »

Not enjoying doing it as they are my current employer.

And if you want to carry on working for them, keep your nose VERY clean. I hope all the information you are collating has come to you by right, and not by accident. I hope you have been there more than two years: if you have not, I'd be surprised if you made it to the two year mark.

dippy3103

Savvy_Sue wrote: »

And if you want to carry on working for them, keep your nose VERY clean. I hope all the information you are collating has come to you by right, and not by accident. I hope you have been there more than two years: if you have not, I'd be surprised if you made it to the two year mark.

Yes I have been there for more than two years. They are a huge organisation and no strangers to the tribunal.

I am keeping my Tribunal action confidential at work and I always keep my nose claim. The information is all stuff I was either sent directly or have found through open source (ie Google). I would not dream of compromising my integrity. Why would you surprised if I hit the two year mark? Should I not lodge my claim for unlawful deduction of wages?

Anyway, I have been notified that the tribunal have accepted my case.

sangie595

dippy3103 wrote: »

Yes I have been there for more than two years. They are a huge organisation and no strangers to the tribunal.

I am keeping my Tribunal action confidential at work and I always keep my nose claim. The information is all stuff I was either sent directly or have found through open source (ie Google). I would not dream of compromising my integrity. Why would you surprised if I hit the two year mark? Should I not lodge my claim for unlawful deduction of wages?

Anyway, I have been notified that the tribunal have accepted my case.

Just to correct your erroneous assumption - one that everyone makes. They haven't accepted your case. They have received your application. The wording of the correspondence is misleading. It doesn't even mean you have a case. They will "accept" your case when they rule in your favour. Not before.

dippy3103

sangie595 wrote: »

Just to correct your erroneous assumption - one that everyone makes. They haven't accepted your case. They have received your application. The wording of the correspondence is misleading. It doesn't even mean you have a case. They will "accept" your case when they rule in your favour. Not before.

I meant accept that it is within their jurisdiction. That’s my rubbish wording!

Anyway, I have a question. I have a witness statement to obtain, is there particular forms I need to use and where would I obtain them?

It is daunting doing this but I feel I have no option.

sangie595

dippy3103 wrote: »

I meant accept that it is within their jurisdiction. That’s my rubbish wording!

Anyway, I have a question. I have a witness statement to obtain, is there particular forms I need to use and where would I obtain them?

It is daunting doing this but I feel I have no option.

No special form. Just typed signed and dated. The witness will have to attend the tribunal and give evidence. If it's another employee, good luck - most people get selective memory loss at the point you ask them.