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  • #61
    Originally posted by ULA View Post
    What part/s of the claim does that now leave progressing?
    Unfair dismissal

    Comment


    • #62
      Thank you for confirming.


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      • #63
        I have an issue with the strike out.

        The judge said it was the view of the college at the point of dismissal that mattered, so anything said by the appeal officer was not relevant to that point.

        My argument was, but not made very well, that the appeal was also the principal of the college, he was in charge, he was the voice of the college, therefore his views were the college views.

        The judge just saw him as the appeal officer, but during the appeal he kept saying 'we' ie we have to do this, we have to look at the evidence, we have to take into account, and so on, As there was only him hearing the appeal, and him making the decision, surely he would have said 'I' not 'we'; which leads me to believe that when he said 'we', he was speaking as the college, not as the appeal officer.

        If he was speaking as the college then his views were the college views, and those views would have been the college views from the start; therefore the views at the time of dismissal.

        Is it worth appealing the strike out, asking for a reconsideration, or is this just grasping?

        Comment


        • #64
          Without seeing the written reasons for the strike out of your sex discrimination claim given by the Judge, then I am having difficulty in understanding your argument for a reconsideration.


          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment


          • #65
            Ive decided to withdraw the claim altogether. It seems that whatever I think, whatever argument I put forward, whatever employment law I rely on. the other side can find one line in one tribunal judgment that the ET deems outweighs every other judgment. Its what happened at the pre hearing and no doubt will happen at the full hearing.

            Comment


            • #66
              NoPaddle thank you for the update on your decision not to proceed. That must have been a hard decision to make nonetheless given you have been pursuing your claim for a while now.


              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment

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