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Tribunal Appeal?

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  • Tribunal Appeal?

    I Recently went thru a really distressing employment tribunal. to cut a long story short, It related to a poor appraisall score that I got.
    I decided to go to tribunal as my employer could not confirm to me why I was scored low. This had an impact on my bonus but also because I got no feedback it would mean there was no opportunity to improve whatever it was I was doing wrong.
    In essence I had not done anything wrong it as I met all my goals, I was marked down to fit a distribution curve.
    At the tribunal my boss took the stand and told lies. This is the part that upset me. I was not aware I was allowed to call him out for that as his solicitor had previously threatened me with implying "serious allegations" for saying I was concerned that this would be the case. Hand on heart I never thought they would stoop to lying.
    .
    During the case my boss was giving verbal details and the judge seemed to be agreeing with him. Due to the fact I know the fear culture at work and the repercussions employed face I did not ask any witnesses. instead I relied on Email evidence to show that I had not done what was implied on the ET3 form.

    I received the judgement and in that it makes me look like I was a bad employee. No references has been made to the evidence I gave to show that what my boss was saying was incorrect. Even exceptionally good feedback I was given by fellow employees (thru the co HR system) was discounted. Prior to leaving to make his judgement the judge did say he was undecided. it took 7 weeks to get the judgement.
    I have been told by a senior leader in the company that my boss was told to lie under oath by the HR manager. She was overheard saying this.(which makes it more frustrating). I would like to hope that that leader will report It but again its the fear of losing their jobs.

    At the start of the case the judge stated his company was representing a multi million pound lawsuit for the company I work for. However he was not involved (he is a part time judge).
    On the report it turns out he is actually a partner in the firm. I would have thought that would have been a conflict of interests?

    Additionally in the judgement the judge has included something was not said and referenced a name of someone in my company that does not exist?


    Has anyone been in this situation and if so can anyone offer advice on how to clear my name and if I can appeal? thankyou In advance
    Last edited by 1989LK; 11th June 2019, 21:08:PM.
    Tags: None

  • #2
    Unfortunately, you will not be the only person to be unhappy with the outcome of an employment tribunal decision, particularly if you believe that the truth was not told. I presume you represented yourself?

    Your first possibility, if you can show that it is in the interests of justice to change the tribunal’s decision, is to ask for ”reconsideration” by the employment tribunal. However, you will not be successful in changing the decision unless you have strong grounds. Success is possible where you can show that, for example, new evidence has become available whose existence could not reasonably have been known or foreseen at the time of the hearing which would have an important influence on the outcome; that the employment tribunal made a mathematical error in calculating compensation; or that the decision was made in the absence of the party who did not receive notification of the hearing or who was absent for another very good reason.

    To obtain a reconsideration, since the hearing is already concluded you must request it in writing by stating the grounds in full within 14 days of the judgment being sent to you. This is a strict time limit.

    The second is to make an appeal however the necessary argument for making an appeal is that the employment tribunal erred on a question of law. So, what you have to consider, in your particular case, was whether the employment tribunal did not apply the law correctly. If you cannot produce solid arguments to prove that point, then making an appeal may well be unsuccessful.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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    Comment


    • #3
      Originally posted by Ula View Post
      Unfortunately, you will not be the only person to be unhappy with the outcome of an employment tribunal decision, particularly if you believe that the truth was not told. I presume you represented yourself?

      Your first possibility, if you can show that it is in the interests of justice to change the tribunal’s decision, is to ask for ”reconsideration” by the employment tribunal. However, you will not be successful in changing the decision unless you have strong grounds. Success is possible where you can show that, for example, new evidence has become available whose existence could not reasonably have been known or foreseen at the time of the hearing which would have an important influence on the outcome; that the employment tribunal made a mathematical error in calculating compensation; or that the decision was made in the absence of the party who did not receive notification of the hearing or who was absent for another very good reason.

      To obtain a reconsideration, since the hearing is already concluded you must request it in writing by stating the grounds in full within 14 days of the judgment being sent to you. This is a strict time limit.

      The second is to make an appeal however the necessary argument for making an appeal is that the employment tribunal erred on a question of law. So, what you have to consider, in your particular case, was whether the employment tribunal did not apply the law correctly. If you cannot produce solid arguments to prove that point, then making an appeal may well be unsuccessful.
      I totally agree with you.

      Comment

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