employment tribunal

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!

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

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

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

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

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 ?

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.

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?

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!

Seasider telling them in advance gives them chance to make an offer to stop the change going into court, or they might just justify it because they'll have time to think about it. I'd be inclined to tell them, and tell the court, to show you don't play dirty tricks, as the court might see you not mentioning it as being gamey, which would put you in a negative light.

well it's the big day today . Just looking over everything again. We sent the other side a long list of questions on Sunday evening so they would have them first thing Monday but they have chosen to ignore them (no response at all). We can do no more now but cross our fingers. I will be so glad when it is all over. It has taken over the last eight months and been so stressful. Thanks again everybody for your help and support . Wish us luck! will let you know the outcome. x

Good Luck.

Good Luck.

Wishing you the very best of luck. You have been so determined in your fight you deserve the very best outcome

We're all right there with you Seasider. Keep your resolve and you'll be fine. They will probably send their solicitor to have a word and make a final offer before going in, so they can walk in and tell the judge its sorted. This is the best chance to get what you need to settle. Make sure you say everything you want to say is put across if/when you get in there - make notes and tick each item off as its addressed to your satisfaction. You won't be landed with costs. It's only if you get a massive settlement that you might be asked for a reasonable contribution. Break a leg!!!

All the best Seasider

Good luck

Fingers crossed for you seasider!

well after a very long and intense day I am sorry to say we lost the case. The other side brought a barrister though we were unrepresented. We gave it our best shot and even their barrister did ask us at one point to have our diary ready in case we had to come back to discuss the financial settlement. The judge did say she may personally disgaree with the decision to dismiss DP but she did find that proper procedures had been followed within the law. We did disgree with this as we provided lots of evidence of inorrect procedures such as insufficient notice of disciplinary meetings etc. We also had unsigned or dated statements that they had relied on for evidence and which had striking similarities. We had evidence of changes to the wording of evidence they had provided but all this was dismissed as irrelevant to the outcome. We do wonder if the decision may have been more balanced if there had been three members of the tribunal as there were before the changes in April 2012( cost cutting). Thank you all so much for your help and support which has meant so much at a very difficult time.

seasider (((hug)))

I've been following this thread with interest and had high hopes for you and your DP, seasider. So sorry you didn't get the result you were hoping for.

Sorry to hear you lost the case, seasider. It's the end of a very stressful time for you so I hope you can put it all behind you and move on to a more positive future without the wretched thing hanging over you.

I am devastated for you, but hope that at least having it behind you enables you both to move on. I think you said that your partner had another job which must help his self esteem, but I take my hat off to you for persevering and for upholding the rights of the "little person". Alas, justice has not been done in this case and you may well have a point that a panel would have been more even handed. to you and every good wish for a brighter future.

So sad for you, seasider. It must be a blow for you both after having had to be so strong for so many months. I hope you will be able to move on relatively unscathed.

seasider It does seem very unfair. Best wishes for your future.