employment tribunal

Oh yes. If they have altered the evidence, I would say they are in serious breach of something and it shows that they are playing dirty. I would make sure you have the original and copies for the tribunal judge . I am not sure whether you should alert them in advance or "surprise" them with it, but you should certainly alert the tribunal to this alteration. What a cheek!

juat having a final run through the other sides statements and the "bundle" and noticed that a small alteration has been made to a piece of their evidence ( we have a copy of the original). It is only a couple of words removed but could be crucial to the outcome. Will this cast doubt that their other evidence is flawed? I am sending them a list of questions so do I alert them to the fact I know what they have done or wait for the hearing? I suppose it could help prompt them to settle?

Hi Seasider. Yes, the calculation should be for loss of anticipated earnings according to the pay scale he was on, so taking a job with reduced pay should be taken into account. If he had not reached the top of his pay scale, but would have in due course, that should also be included in the calculations.

Thanks again Whenim. I am so glad we are nearly there . I think I am reasonably intelligent but I am beginning to struggle to take it all in. I get angry each time I read the other side's statements particularly as two of them are people we considered good friends. I will just be glad when it is all over. At least now DP is at work he cannot sit and brood about it. We did originally claim for 12 months earnings as we anticipated it could take so long for DP to get a job given the current situation, his age, and the fact he had been dismissed. It has actually been about 8 months but DPs earnings are much less than they were so can we still claim the difference ?

P.S don't forget that constructive dismissal is an issue here if they are saying he contributed to his own dismissal.

Hi Seasider. Being suspended from work is supposed to be without prejudice and only gross misconduct can result in dismissal if it so so serious that only dismissal will do, otherwise they should either investigate and find there's no case to answer, or impose a period of required behaviour after which the slate is wiped clean, unless the reason for the suspension is repeated. If kept as an employee he should have been given help to return to work on a phased basis. If they didn't comply, or can't evidence that they followed ths procedure but withdrew his employment, they have to compensate him. His decision to continue with the disciplinary process implies he had a job to return to. If they took advantage of his absence through sickness, they've not followed the disciplinary procedures properly and have shot themselves in the foot. Good luck x

Hi all . Whenim64- I think I probably explained this badly. I suspect DP's ex-work colleagues were told he did not wish to return to work as his manager and two colleagues did not want to admit they had stabbed him in the back and concocted a story to get rid of him.Funnily the other side are refusing to have these people at the tribunal as witnesses. DP was suspended from work 6 days before he had an accident which resulted in an operation on his leg and he would have been off work for a few months anyway. DP opted to continue with the disciplinary process whilst still officially signed off sick as he felt the stress of the sutuation was affecting his recovery. His employers did nothing to help him return to work. He has actually started a job this week . it is a minimum wage quite basic job but at least he is back to work. Thanks again for your advice. Only a week to go now! x

Thanks jeni I am in the support group but my ESA is income based ,I have had advice bu the advice is not very strong as my situation is quite complicated I live on tenterhooks as it could fall down at any timexxxx

nellie ESA is what I deal with! The new rules are impossible under mental health. What's more it stops after a year unless you are in the support group!
Get GOOD advice from cab or someone!

Exactly when - the more mistakes they make/lies they tell, the weaker their case. These must be documented and corroborated if necessary - as I said the details can often carry more weight than the moral argument. They are treading water I suspect - time to pull the plug!

It is worth mentioning that you have been told this by an ex-work colleague. If there is dissonance between what your husband is dong to try and find a job, and their claim about him not wanting to return to work after illness, they have some explaining to do. They should be asked what efforts they made to support him to return to work, and to provide the evidence.

thanks again for your support and good wishes. The latest letter we have received includes a list of jobs in this area and is asking DP to prove which jobs he has applied for. He has no problem providing the information but we do feel like reminding them that the biggest obstacle to getting a new job is the fact he was fired from his last job! We have submitted the statements this week but it is ironic that the following day we attended a local function and met one of DP's ex work colleagues. This person had also been finished by DP's employer and would have been a willing witness!!. We were also told that DP's staff were told he had been seriously ill and had decided he did not want to come back to work?? funny how none of them contacted him to see how he was!!. Happy Jubilee everyone

You're nearly there seasider. Take no notice of the costs threat. Tribunal cases that are not brought maliciously or against good legal advice don't attract costs unless there's such a massive settlement that it would be reasonable to expect a contribution. Your case isn't at that level by a long way. Good luck

seasider have read this thred through from beginning and empathise with you,have been through a lengthy high court custody battle for 6 years it was a high profile case and very complex,although it is a different type of case,all the questioning in the witness box,delays adjournments and delaying tactics produce the same results stress and an effect on your life,so much so that I suffer panic attacks ,anxiety and depression etc and cannot work because of this,so may well have to face another battle as my ESA is under review.
Keep going Seasider you have come this far,I hope there will be enough for you to have a good holiday after,as you will have a period of adjustment to go through as this has been a focus for you for so long,you will need another thing to focus on in case you feel a bit flat after your victory am rooting all the way for you. xx

Go through it with a highlighter pen and deal with each inaccuracy one by one.Don't forget to add in how the other side have tried dirty tricks, sometimes the letter of the law (or breaches of) can carry more weight than the moral argument. Factual inaccuracies and inappropriate references need to be identified to the judge and tribunal. I did it in a school incident and it was worthwhile. Good luck - we know you deserve to win and I do so hope you take them to the cleaners!

statements from the other side have finally arrived and surprise surprise they are full of downright lies! They pressured us to exchange statements before five pm then after we sent ours failed to send theirs for another hour! all tactics I suspect. Just heard about another case that was settled one minute before the hearing started so still hoping!x

Another update! The other side have upped their offer to £8000 but are now threatening us with costs etc. We have been to watch a tribunal hearng today so DP now feels better about the whole process even though the man we watched lost his case. I was quite disgusted that the witnesses from the man's ex-employer( some of whom were senior managers) were laughing and joking all the time and seemed positively gleeful when their solicitor caught the man out. I hope they never find themselves in a similar situation.

One of my judges sits in ET she often finds its cancelled becauseofdeals made at the door,

I can't but agree with all that has been said so won't add my voice but I just want you to know that I really do understand the stress you are all under and how ill that can make you. Only you can know whether it is best to accept what is on the table in order to cope or whether you are all able to carry on with it for as long as it takes. Being under fire in the tribunal will also be very stressful. Perhaps you could bear in mind that you could accept the 6000 at the last minute if you think it is all too much to bear? I'm so glad I won't every have to go through anything like that again.

Thanks you all again, your help and support is truly appreciated and keeping me optimistic about the outcome. DP is having a real wobble at the moment and doubting he can win. I am usually quite laid back but even I am finding this whole process quite stressful. I just keep reminding myself, and DP, that we have waited 6 months for this hearing and we only have one chance to be heard so we must give it our best shot. Let's see what this week brings!

I know how you feel, seasider. You are gambling the balance between the money they are offering you and the money you feel you are owed. There does come a point when you wonder if all the stress and disagreements are worth the risk of losing. Only you and your OH will know if and when you should accept their offer. £2,500 to £6,000 is a big jump which shows they just want you to shut up and go away. One disadvantage of representing yourselves is that you don't have a solicitor or barrister who is experienced in this kind of thing getting a feel of the situation and advising you accordingly. If you decide to carry on, you can always wait until the day and see if you can squeeze a bit more out of them without having to actually go through the stress of the tribunal.

Hang on in there seasider you've got a huge gang of supporters right behind you!

There is no way that they would have upped the offer if they thought they where going to win soseasider hang in there have a stiff drink and go for the jugular.

seasider the language they are using is indicative of them acknowledging you are going to win this case. To treat an employee badly and then accuse them of 'contributing to their own dismissal' is what fair-minded people and employment law call 'constructive dismissal.'

I'm so sorry you are going through the mill like this. You are entitled to compensation for what they call 'hurt feelings' because you have been made to call on the help of ACAS in order to get justice, and as a consequence have been subjected to unnecessary stress.

Keep going - you're almost there

more action today! The other side have told DP that at least £4000 of his claim would not be allowed plus as he contributed to his dismissal (so they say) his award would be reduced. They then upped their offer from£2500 to £6000 so at least moving in right direction. £6000 is a lot of money at the moment with DP being unemployed but we know he should be entitled to quite a bit more so we must carry on and take the risk of losing. It is very stressful though and there have been a few disagreements at our house!