Tentenths

Tim

Did you see my response to your other thread? http://bbs.scoobynet.co.uk/showthread.php?t=320941

My other half is an HR Manager for quite a large company, and is therefore very clued up on Employment Law. But even she still uses an employment lawyer from time to time. Yes, a good one won't be cheap, but with a bit of luck you won't be responsible for their costs anyway.

As others have said, you seem to have a very strong case. Keep you chin up, and let us know how you get on.

sti555

Mattstant, thanks for the comments & the
Tentenths, Thanks just seen you reply on the other thread, I will chase this up pending the outcome on Tues for further action... basically I can't do alot until I'm dismissed.

Just got back feel like ****
Ok people, here is he update

Ok I need to make every effort to throw doubt & credibilty of their evidence & arguments to both allegations, looks like I'm gonna be writing pages & pages... As I have got lots to say

Decided against asking the company if I can take legal representation to the disciplinary interview, (they only approve another employee or trade rep) as it's already a forgone conclusion... "The writing is already on the wall" and they would only be acting as a witness, so the money would better spent afterwards on legal representation... I can then tackle tribunal/ either constructive or unfair dismissal

Ummmn bugger... pretty pointless outing really, drive in the scoob was nice though
Need to look for a job...

Cheers

Tim

dannytwo

iTrader: (5)

sorry to here your feeling low mate, but keep your chin up,things will work out for the best im sure

Kevin Mc

Tim - good luck with all this. Sorry to hear you're down at the moment, but you definately have the moral high ground, plus the support of Scoobynet.

Doesn't surprise me the company reacting in such a way - sounds like they made an initial knee jerk reaction and are totally unwilling to go back on their initial decision. I was "sumarraliy dismissed" (sp) in one of my first jobs - I had to ask them what "Summary Dismissal" meant as I didn't know - anyway they had me out of the door before I knew what was going on. The most I should have got was a quiet word, not even a verbal warning. What I'm trying to say is make sure you have all the ammunition, help and advice before going into that meeting. I'm sure you are anyway, but it must be very difficult to keep your head in gear with all this going on.

Your company's treatment of you has been obscene - they are so stubborn as to not except your help even though they are now in the poo. I just hope you come out of this with the best possible reward. You certainly deserve it. At least they will now realise how good you were at your job, and what a complete disaster they have made for themselves by getting rid of you.

Best of Luck.

Reffro

Take a tape recorder and use that to record everything said, or if they object, reams of note taking. A tape recording would be best, in fact two tapes would be better, one for your record and one for the company, with both copies countersigned to say they were recorded in the meeting.

Definitely get a colleague to go with you. Even if the writing is on the wall, an independant witness will prove useful should you end up sueing for wrongful dismissal. Make sure you both take notes so that if one misses something, the other will have noted it anyway. Make copies of your representations before the meeting, and leave them with the company as a record of what you want to say. Plus get the signatures of all those attending on your notes, so you can prove they were taken in the meeting. I'm sure there is lots else to consider, so if anyone else wants to jump in, feel free.

the moose

Having been on the other side of the fence on this, can I suggest that you get someone from HR to make notes, and that you also take along a friend/colleague (we refused to allow solicitors or tape recorders) to take notes also. They'll have to allow you a copy of the "company" notes, so everything said will be recorded.

If you are dismissed (hope this is not the case, but you never know) you MUST follow the appeals process so that should there be a tribunal you've been seen to have followed all the correct procedures before you went to law.

The cost to the average company of preparing for a tribunal is high (assume it'll cost them £10k or more to prepare) and they'll be loathe to spend this, so it might be worth an off-the-record to state to them that you bear no ill-will, your solicitor thinks you've got a bloody good case, but you're prepared to walk away now so long as you get a good reference. Ultimately, this would probably be the best solution for you; I've seen this work is a few situations.

Either way, good luck.

Diesel

Mate, I know it unlikely, but consider they might be reading this - particularly if SN was your homepage on your work computer. I'd suggest laying low, avoid discussing tactics openly...

It seems to me that you are quite a measured and reasonable bloke and even have the cops on your side. Job done Good Luck.

Steaming Wizard

I know you don't know me, but good luck with this Tim.

Sad to see yet another case where someone has to suffer just because they are looking out for their own property.

Hope it all works out ok for you.

Brian

sti555

I've read everyones comments with interest, I'm quite shocked at how many people have responded with usefull information & advice, & overwelmed by the support everyone has offered, certainly has helped my situation. Gonna have a beer get my mind of it for abit

Thanks again

Tim

midget1500

tim - followed this with interest from day 1. good luck, i hope you get the outcome you want. this all appears to be totally unjustified.

as per everyone elses comments - get legal help, it is worth it.

JayBee

I echo this - STI555 - I have sent u a PM in reply to yours.

Get a solicitor - I did and as frenchboy says, it is worth £££! Sorted out much of my house!

wacky.banana

555,

What news now?

sti555

Morning here is this mornings Update, can't really go into too much detail as of yet as I need to digest my newly accquired information first.

Went the pub!... feeling more positive this morning

I have now got more information on the original allegation (extreme & abusive behaviour)... with a interesting twist!

Have also got some details on who will be sitting in my disciplinary meeting

Meeting has been re arranged to Wednesday 10:00, reason being my nominated employee was not available on Tues... (also extra days pay on suspension )

I really do think I can discredit his whole statement & cast considerable doubt on the whole affair, I now know where to focus my arguement in a logical, concise way... - by using a Police statement that contradicts the original statement/complaint.... made by an employee not the mother she has not made one!

Found a possible Temp Job, immediate start have made the call, more info Monday.....

Next installment, will provide more details, it's certainly going to be interesting.......

Starting to feel like a newspaper columist!

Thanks again

Tim

Pistol_Pete

Tim,
Been reading the post with interest, cant believe what they have put you through. Got no advice to give you that hasnt already been posted already.
Just to wish you luck on Weds

Kevin Mc

Looks like someone at the company had it in for you. Will you get to find out at the meeting who made the complaint? They should get sacked for all the hassle they've caused (IMHO).

sti555

Thanks Pete

Kevin,
I already know who it is, I agree they should be held responsable for the whole affair...


Tim

wacky.banana

555,

Now you know that its one of your own stabbing you in the back then, as you say, focussing your arguments should be easier.

Make bloody sure you have jenned up on your legal position BEFORE you go in. Can't remember whether you have gone to see a brief (this thread is geting a bit long). However also seek advise from the Citizens Advice Bureau.

Look forward to Wednesday's update.

WB

PS If you need an agent to help you turn this episode in your life into a Holliwood blockbuster, with you starring opposite the woman of your dreams (ooer) then give us a tinkle (LOL).

Chin UP boy.

MooseRacer

Sorry to hear this Tim, I went through a case of unfair redundancy a couple of years ago, and my advice would be this:

Speak to an employment law solicitor (as you have), and then contact them again after the outcome of the meeting - this is when solicitors really come into their own.

Take a tape recorder into your meeting. It is essential that you ask permission to use it or else it will be inadmissable at a later date. Explain that it will help you recall all that is said, and will provide an accurate record of events for both parties. Send a copy of the tape into the company asap after the meeting.

Prepare written notes stating calmly and clearly your position. In the 'heat' of the meeting you'll be glad of them. Avoid at all times getting emotional or unprofessional. If there is any question you feel uncomfortable answering or you feel is not relevant to the allegations then simply say so. You aren't obliged to answer irrelevant questions, although again keep it professional. An example of this is them asking if you have been looking for other jobs - totally irrelevant and don't answer.

Make it clear you enjoy working for the company and very much wish to continue doing so - even if you don't, and don't worry about future references, you can take an employer to court for giving poor references.



Good luck, keep it calm, don't get carried away by the unjustice of it all - just keep in mind that you will come out of this well in the end.

Patt@firstime

Tim,

Have been reading this thread with interest, as I'm sure many are. Can't beleive whats gone on since a foiled vandalism attemp on your car (must happen hundreds of times per day!) and then all of this with your job! I really feel for you but I'm sure you will come out better than they will, but having to seek legal advice, suspension from job etc isn't nice whatever the outcome.

All the best for Wednesday, will be interested to read the outcome of the meeting.

Matt

C

I've just read the whole thing from start to finish

I cannot believe they have pushed you into this position, it's absolutely disgusting!

Good luck for Wednesday though & keep us informed as to what happens

Leslie

Good luck on Wednesday, don't forget the constructive dismissal bit!

Les

girlscoob

Good luck on Wednesday Tim - keep calm, love to see you come out smiling!!

sti555

had a Good day today

Have done some work this morning for a charity up here to get them up & running with some major IT related problems, anyway all sorted & got a free lunch

Had a good blast out in the scooby....

Followed by a trip to the pub beer garden in the sunshine ...

Followed by a major data recovery job for a mates company whose parents are on holiday...

Decided to relax for a day, feel positive now about the situation...

Got alot of information to go through tomo & monday whilst preparing my statement but fingers crossed for wednesday

Thanks again for the kind replys & thoughts today

Will keep you all posted

Tim

sti555

p.s Anyone want to come to my Mega meet on Wednesday?! lol!

ali66

lol Best of luck for wednesday!

Daryl

AFAIK, instead of an interview you are entitled to have all of their questions put to you in writing and you then respond in writing. This has numerous advantages, for example you won't get caught out by an unexpected question, won't say the wrong thing under pressure, there is no argument over what was or wasn't said, you can ask your solicitor's advice etc.

Obviously, you should ask your solicitor if you have this right in law, but I know it is in my terms and conditions (Government department), even though it is never pointed out to the interviewee.

Good luck anyway!

BexTait

One thing theat gets me is that the carpark is company owned, therefore why was the chav and it's mum there in the first place, surely it's trespassing? OK it probably won't help with your case, but if they shouldn't have been there in the first place then you wouldn't have had to go and defend your property.

Good luck on wednesday!


Bex

Simon Lau

toptastic

<sad git mode on>...it's like waiting for the next installment from J.K. Rowling <sad git mode off>

sti555

ok just for Simon ....

Todays news, meeting has been re-scheduled to Wednesday afternoon 14:00hrs

Lucky really as it's the mrs birthday tomo, the written statement I have been working on all day is brilliant imo!, it's getting big now!.. suppose it will make interesting reading if nothing else
OOOooooo the suspense!

Thanks for all the latest replys too, really do appreciate it.

Tim