simpsons !

I'm due to go to a Employment Tribunal this week and wondered if anyone on here has been to one and how did you get on? I'm the Employee by the way and taking on a National Company.

Regards
Simpsons

RMA26

Not much help, But i nearly did a few years back, eventually I couldn't be arsed with the hassle, but i suppose it depends on the circumstances

I have some old scores to settle with some of my ex managers......

harvey

iTrader: (48)

Yes, on several occassions on behalf of employers and emplyees on separate occassions.
Keep it simple.
Rely on the truth.
Be well prepared so you know your facts and can find any evidence or reference material easily/quickly.
Documentary evidence is incontrovertible and can remove doubt about who is telling the truth.

simpsons !

I have a solicitor and he has been involved since day one, I can't help feeling worried though the employer has twisted and turned since i started procedings against them and i'm worried that they will throw a surprise on the day (Thursday). This has been a long 8 Months but at least i get my day in court this week.

tmo

Yep done it once,
Acas helped me considerably. I turned up for the hearing, bit like a magistrate’s court, sat and waited, employer didn’t turn up. Adjourned for an hour so the court could contact said employer.

Reconvened in court only to be told the employer would not be represented as the site general manager (who had a big problem with me) had just sat on the paperwork and hoped it would go away, legal team knew nothing about it. Employer (a major plc) basically paid everything I was looking for.

General Manager was dismissed for gross misconduct and later committed suicide by riding his motorbike head on into a lorry.

Wish

iTrader: (2)

Nice

tmo

Wouldn’t wish it on anyone normally, but the personal strife he put me through ……………………………

simpsons !

I can fully relate to this the grief that i have gone through and the sleepless nights since the date it all happened (Friday the 13th)

harvey

iTrader: (48)

Wish :What a clown. NOT "nice" Waken up.
TMO : Sorry for your ordeal.

They cannot pull surprises if you have a reasonably clean record.
This is about the reasons for dismissal and the manner of dismissal.
They cannot introduce new evidence that is probably not relevant at the 11th hour.
Be strong and think about the above.
Are ACAS still on the go? They can/would have helped.

simpsons !

Thanks for the Info, I have a perfect record whilst i worked for the company, Acas are still on the go and i contacted them first they asked if i was going to get a solicitor when i said i was there advice was get one that specialises in Employment Law and go through the HR procedure at the company I worked for that was about as much help as i got from ACAS.
I will post all the relevant facts after Thursday and the result.

tmo

yep,

This was just after taking on a larger mortgage, my daughter was 3 weeks old, tw@t dismissed me for as he called it “gross misconduct”.

Basically a load of lies hence he just sat on (hid) all the paperwork from Acas and for the tribunal.
The statements from co-workers and subordinates collated by Acas made very interesting reading and once the Plc’s CEO, Group Company Secretary, Group HR Director and legal team received these the whole picture became clear to them and showed a personal vendetta by an inept senior director.

In truth he didn’t like me and thought I was too powerful within the company. He vastly underestimated the difference between power and respect.

this was quite a long time ago, but this thread has started me thinking how close i came to going under. Dole wouldn't pay me anything, insurance cover would not pay out either because i had been dismissed for "gross misconduct". Talk about guilty until proven innocent !!!

rallycol

iTrader: (4)

My wife defended herself last year ,very stressful,but she had the biggest thing on her side,the truth,they took a pounding,even though they employed a barister,at the remedy hearing (which sorts out the financial side of things) her award was enhanced by an unheard of 50% because of the way she was treated! Best of luck

simpsons !

This is what i want to hear ! I'm glad your wife got what she was entitled to, I tell you this my girlfriend has been a saint for the last 8 month's she's had to listen to me going on about all this, put up with the sleepless nights and me being generally grumpy when it's neither her's or the childrens fault. Roll on Thursday my Pecker is up now !

harvey

iTrader: (48)

Good luck mate. Stay calm. Stay on topic and with the facts.

sbk1972

Harvey has a point, during the meeting, stay calm, keep to the facts and try and stay away from it all looking like tit for tat, so to speak.

Ive suffered similar events, having to have legal respresentation with me to defend my side when a £23M ecommerce site went **** up. I was the contract unix sa and the fingers were pointing at me, when infact the support from Computacentre was at fault. The client was looking for someone to pay!

My stupid boss at the time try to convince me just to accept the blame, as it would be all over and done with, no f**king way matey. Others went in and acceptable fault and were sacked there and then, but they were permy's and I was a contractor and was told that being a limited company, the client would be seeking costs etc.

Trying times, hands were sweaty, mouth was dry, and I found it hard not to just go into one about how poorly run the whole lot was. Try to gather as much evidence as possible to back your side up. I had various emails, reports etc to prove my case. Also, if innocent, dont accept a lighter plee just to put things to bed. I stood my ground and fought for weeks. In the end I won, even managed to get my end of contract, agreed bonus.

My old boss ? Well, he was eventually made redundant, and is still looking for work, 2/3 years on. Funny, as he told me I would never work again, seems like he got confused about who he was referring too.

Best of luck my friend, fingers crossed for you. Try to write important things down, as you will be surprised at how facts / events seem to get twisted, even in the same meeting !

SBK

GaryK

I have and to be honest it was a waste of time. I hired a junior barrister so I didnt have to say much at all. They found in my favour but all that does is place a judgement on the company, it does *not* enforce payment. Bottom line is they owed me 4K I had run up another 2K in solicitor/barrister fees and got nothing. I wish you all the luck with it.

Gary

RLE

iTrader: (2)

Can be an expensive excercise. Just recovered £1275.00 which was the figure awarded to my employer following an employees claim (and this excluded the fees she had spent on representation). In hindsight the Cliamant wished she'd have gone quietly................

Not aimed at you Simpsons I sincerely hope everything goes in your favour. Just adding a different spin on things. In fairness the employee referred to above was a bit of a waster. The very best of luck at what must be a daunting time.

simpsons !

It has proved to be an expensive already! But I will have my day in court and i have pushed this all the way I know that they are in the wrong and my boss was a bully, I will post the details after Thursday and the result whatever the way that it goes. Thanks for the support so far.

Stephb1986

Good luck for thursday i hope it goes well for you
teaches bosses not to be bullys at the end of the day i quit a job coz of my boss being a total bitch but she did me a big favour i earn more money than her now ha ha ha ha

simpsons !

Thanks for the support so far guys, In 12 hours i'll be there ! Really don't want to see the old boss though as he was a Bully, As promised i'll post the result and the Blue Chip company i've gone up against.

Simpsons

Wish

iTrader: (2)

So who was the company and how did it go ?

Nido

Take it in the pub celebrating / drowning sorrows then

cw42

iTrader: (1)

Nobody gave his this link: http://www.employmenttribunals.gov.uk/
Went to one after doing some dismissal training at work earlier this year in Manchester. Very interesting, Baggage handling company v middle manager. Dismissed as not competant doing job. Think he'd have won the case as he was unfairly dismissed.

simpsons !

Just had a wonderful weekend in Dublin on a stag do !
Ok the Tribunal, Firstly there was two parts to my case non-payment of wages and the fact wether i had resigned or not, I was told to resign or face the sack so i resigned, So the Chairman decided that it should be unfair dismissal that Travis Perkins were accussed of, so i had to do my statement first when i had been thinking that i would be second. All went well my barrister was an animal he ripped Travis Perkins to bits, We ran out of time so there was no judgement on the day but my legal team are very confident of sucess, As i remained calm and Travis Perkins were representing themselves i was not given a lot of grief by them, and the panel just asked me a couple of simple questions which i answered truthfully, Where as the panel asked lots of questions of Travis Perkins and it did'nt help when they then started changing the story so it was differant to the statements that they had provided court. That went down really well! When they had lost my resignation letter i thought that the chairman was going to have a fit he could not belive they were that inept. I will know the result in about 4 weeks but I feel a great weight has been lifted off my shoulders and i can now get on with my life.

PaulC72

Glad it went well.

tmo

DCI Gene Hunt

The joys of Temple Bar and stuffing it to Travis Pratkins......

Wish

iTrader: (2)

Excellent News !!!!

simpsons !

Well today is the day that the Panel re-convene and make there decision. i should know in a few days from now if i have been successful, I think that it then goes on to a remedy hearing I'm not sure how long that takes but fingers crossed all this will have been worth it.

RMA26

Hope it all goes in your favour mate