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False claim of discrimination

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  • False claim of discrimination

    I own a small business & hired someone to help support my disability by looking after finances, proof reading, admin tasks etc & was also provided to my clients to do similar tasks

    After a few months in the job it became clear this person was falsely submitting time sheets, not supporting my disability, in fact making things far worse. Contravening their contract in many ways (confidentiality breaches etc), as well as over 20 examples of poor performance related to time keeping, poor attention to detail, repeated errors, bad attitude, not meeting deadlines, not doing training, not turning up for work etc

    After many many verbal conversations, then verbal warnings then written correspondence about the issues and the need for improvement the person did not improve, in fact showed many further examples that compounded the situation.

    I consulted ACAS & followed their process for formal performance review to the 'T'. I extended their probation period & gave them clear guidelines for improvement, benchmarks & a deadline to improve by.

    They failed to improve & failed to deliver any of the things agreed in the performance review. I gave them a weeks notice even though we believed them to be falsely submitting time sheets (an investigation was pending) which is not only gross misconduct but contravenes a number of criminal acts.

    Following an investigation this person was found to have committed numerous criminal and civil acts related to data, theft, fraud, false accounting etc

    I instructed the Police & action fraud who have been investigating. 4 months after commencing the criminal case this person submitted multiple falsified discrimination claims against myself & my business to an Employment Tribunal and stated that they would cease the ET claims if I dropped the criminal & any civil proceedings.

    This whole process has cost me in excess of £100k in lost revenue, £10k+ in legal costs so far (likely another £20k to come). I do not believe it is morally right to give in to blackmail & allow someone to get away with criminality & bringing a false claim against me in order to blackmail me and force my hand, so I will continue despite the cost.

    The claimant has no evidence of this because I honestly have never discriminated against anyone. However if someone has good enough legal reps you never know what can happen

    My questions are:
    1. Have any other business owners experienced something like this? and how did it go?
    2. Has anyone had experience of obtaining a PH? & how? what evidence / argument was required in order to do this?
    3. Has anyone had experience of obtaining deposit orders? any details around this?
    4. Has anyone had experience of submitting a successful counter claim?
    5. Has anyone had experience of someone falsely claiming such things? 7 if successful what was the remedy once the claimants untruths had been filed against?

    Thanks & any PMs greatly received
    Tags: None

  • #2
    Re: False claim of discrimination

    Originally posted by DaveB View Post
    I own a small business & hired someone to help support my disability by looking after finances, proof reading, admin tasks etc & was also provided to my clients to do similar tasks

    After a few months in the job it became clear this person was falsely submitting time sheets, not supporting my disability, in fact making things far worse. Contravening their contract in many ways (confidentiality breaches etc), as well as over 20 examples of poor performance related to time keeping, poor attention to detail, repeated errors, bad attitude, not meeting deadlines, not doing training, not turning up for work etc

    After many many verbal conversations, then verbal warnings then written correspondence about the issues and the need for improvement the person did not improve, in fact showed many further examples that compounded the situation.

    I consulted ACAS & followed their process for formal performance review to the 'T'. I extended their probation period & gave them clear guidelines for improvement, benchmarks & a deadline to improve by.

    They failed to improve & failed to deliver any of the things agreed in the performance review. I gave them a weeks notice even though we believed them to be falsely submitting time sheets (an investigation was pending) which is not only gross misconduct but contravenes a number of criminal acts.

    Following an investigation this person was found to have committed numerous criminal and civil acts related to data, theft, fraud, false accounting etc

    I instructed the Police & action fraud who have been investigating. 4 months after commencing the criminal case this person submitted multiple falsified discrimination claims against myself & my business to an Employment Tribunal and stated that they would cease the ET claims if I dropped the criminal & any civil proceedings.

    This whole process has cost me in excess of £100k in lost revenue, £10k+ in legal costs so far (likely another £20k to come). I do not believe it is morally right to give in to blackmail & allow someone to get away with criminality & bringing a false claim against me in order to blackmail me and force my hand, so I will continue despite the cost.

    The claimant has no evidence of this because I honestly have never discriminated against anyone. However if someone has good enough legal reps you never know what can happen

    My questions are:
    1. Have any other business owners experienced something like this? and how did it go?
    2. Has anyone had experience of obtaining a PH? & how? what evidence / argument was required in order to do this?
    3. Has anyone had experience of obtaining deposit orders? any details around this?
    4. Has anyone had experience of submitting a successful counter claim?
    5. Has anyone had experience of someone falsely claiming such things? 7 if successful what was the remedy once the claimants untruths had been filed against?

    Thanks & any PMs greatly received
    Is this still going through ACAS?

    In general
    : No lawyer will represent a person who has blatantly committed criminal offences and certainly not on pay as you go (conditional free arrangement, ie no win, no fee). My opinion is you don't need to pay a lawyer to defend this discrimination claim. Ask the tribunal for a preliminary hearing as discrimination is hard to prove, ie the onus is on the employee and he will go first to explain his case. If the employee does not put his claim in writing he cannot rely upon it at a tribunal. Only 1 in 4 employees win a tribunal. The judge can issue a costs order against him or ask him to pay a deposit if his claim has no prospects (vexatious litigant). The law is on your side, do not be put of by defending yourself. Don't let this sack of excrement get a way with it, yes it may be stressful but don't let him blackmail you, incidentally blackmail is also a criminal offence if the intent is to cause menace: Theft Act 1968.

    Comment


    • #3
      Re: False claim of discrimination

      Thanks for your feedback, some interesting points in there. The judge denied a PH & a costs order though. in many respects all of this is at the whim of a judge & the way lawyers present a case, case in point Pistorius & OJ Simpson - cut & dry cases surely we all thought?! Good point about blackmail, so potentially he could get in trouble criminally due to lying at an employment tribunal? again if the judge find in our favour I suppose?
      Last edited by DaveB; 19th July 2016, 17:26:PM. Reason: typos

      Comment


      • #4
        Re: False claim of discrimination

        Hi

        Have they actually submitted a Tribunal claim or are in the process of doing so..have they gone through ACAS in the first instance. My advice to you is to continue to pursue the criminal charges case. From what I have read thus far they won't get far at the Tribunal stage so no need to worrry about that one. Secondly, at this stage no need to get the lawyers involved yet. We can do this!

        - - - Updated - - -

        Another point I forgot to mention is that it will actually cost the person to bring a Tribunal claim.

        Comment

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