Ray_li

An old work colleague is suing our old work place for unfair dismissal or suing them for putting him under to much pressure forcing him to have a nervous break down and quit. (Its one of them two he kind of told me both)

At the beginning I kind of agreed to it but after feather conversations its turned out that he’s going to represent him self at the tribunal and I don’t really know the full story behind it.

He has asked me to write a statement about how he and I were treated and turn up on the day of the tribunal.

Would it be a good or bad thing for me to go along with this or are we going to looking like a **** on the day?

Ray

messiah

Hoe can he claim unfair dismissal if he quit? Can you do that?

chiark

messiah, I can't remember the exact phrase, but if an employee makes your job unbearable than that's effectively sacking you...

Clarebabes

Constructive dismissal

Ray_li

Thats the word.

messiah

I would have said that you're more likely to get a favourable outcome from Constructive Dismissal than Unfair Dismissal.

...as long as there's good evidence I should think there's a pretty good chance of success.

chiark

That's the phrase, thank you!

Ray_li

no hard evidence just his word againts the companies

scoob_babe

I think he would need some kind of evidence though - times, dates, who said what etc otherwise he may not be taken seriously and may also have to pay costs too.

judgejules

These can get quite complicated. If he's representing himself it seems he's just going along to "have a go", and isnt really interested in making the commitment on his part (unless he's still out of work and cant afford someone to represent him?)

If he stands any chance, then should have things in writing from when he worked there. Hopefully he took this to the management before the break down as the tribunal will look on it a lot more favorably if he was still pressured and the company didn’t make reasonable steps to alleviate the pressure on him.

I suggest he reads this and give Martin Malone, Rachel Evans or Fiona Dunn a call on 0151 239 1000 at CL&B. I've been speaking to these guys informally for the past few weeks regarding some issues with my employer. They know their stuff and are more than happy to help out.

I'm not sure on your legal standing with regards to provide evidence for him. I guess it would be up to you whether you go through with it but maybe CL&B can shed some more light on it. As for you going along on the day, the only thing you'll feel bad about is having to spend a day out of your holiday entitlement. There also might be some bad feeling coming your way from the employer if you're helping the other guy out. (I couldn’t make out from your post if you are still there or not so this might be wrong)

Hope it goes ok.

Jules

Ray_li

Jules.

Very interesting read.
He is still out of work.
He did not aproach the managment b4 he broke down.
I dont work their no more

judgejules

I’m guessing it happened within the last three months? Anything over than and it’s a civil case (court) rather than tribunal and probably wont be worth his while due to fees etc.

I assume he’ll have something from his doctor which should cover what’s wrong etc. If you write a statement for him, you’ll need to stick to the facts and not “fluff” it up. Do not base anything on hearsay only on what you came in direct contact with. If you were doing the same job as the other guy and didn’t have a break down that’ll come into question. If you left there on similar grounds (i.e. too much pressure so changed jobs) this will stand the guy in good stead.

If I think of anything else I’ll jot it down later.

Jules

Ray_li

Jules.

You have been a great help. From what I know its over 4 months a go and he does not have any stronge taking all that in to consideration. so I dont think i'll write a statement.
I think he just wants some money from the place.
Thanks again

Ray