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Engineered SHAM REDUNDANCY followed mental health disclosure

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  • #16
    I probably have an additional couple of questions relating to my employment status. I was offered a role as Head of Operations working across a range of business brands, paid a monthly salary by one of the brands and a commission structure for all other brands.

    The brands dictated where and how I worked; looking at Government's website, I would consider myself employee (albeit commission only) or limb worker.

    The respondents are disputing this and advise the only brand that employed me was the brand that paid my monthly salary.


    There is the added issue that commissions due from other brands were concealed from me. I'm not a greedy person and working for individuals I thought I could trust, I did not suspect there would be any issues with honesty or transparency.

    However things came to light regarding unpaid commissions which I had raised internally prior to the sham redundancy. I have been asking for disclosure of information ever since.

    I also undertook a great deal of business development for all brands which led to business deals again which were hidden from me.

    My questions are

    1. If the respondents deny, how do I prove; can I ask for accounting records?

    2. Are unpaid commissions tantamount to fraud, in accordance with the fraud act? If so, I suspect the Tribunal may not be the correct court to consider these financial losses.


    The employer has, it seems also hacked into one of my private GMail email addresses and looking at my other emails months worth of attacks from a range of locations globally (no doubt using a VPN). Ive never known anything like it. When attempting to recover my GMail account, I was shocked to see a former colleague's name partially appear in the recovery address.


    Thank you, I apologise if I'm asking too many questions, I'm just really up against it.

    Comment


    • #17
      Without any response from the ET and with a hearing date in March, can I suggest that you continue to prepare for hearing as if it will go ahead, you do not want to be caught out if the Tribunal do not accept your application to move the date. Alternatively the hearing may go ahead as a Preliminary Hearing to deal with the document disclosure issues.

      In answer to your questions:

      1. You can ask as part of disclosure information about commissions that you were due as part of any commission structure you had in place. Unless you had a specific scheme in place for remuneration for business development activities that brought in business then you cannot now claim you should have been financially compensated for that part of your role. You also need to be aware that asking for accounting records may quite rightly be classified as commercially sensitive information which the respondent will not need to disclose.

      2. Commission is considered as part of wages and therefore it is an unlawful deduction of wages which is an employment tribunal claim. However have you already put this in your original ET1 claim or Particulars of Claim?

      How can you prove that your ex-employer has hacked your account this seems very extreme.
      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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