Tesco Legal Guard

[CornishPasty]

Good evening all. New here - be gentle.

Has anyone used Tesco Legal Guard to be provided with representation for an employment tribunal?

I've been referred to Pannone of Manchester and wonder if anyone has any experience of the process.

Cheers.

[Celestine]

Re: Tesco Legal Guard

Hiya Cornish Pasty

Welcome to Legal Beagles :beagle:

Nope sorry, no knowledge of Tesco Legal Guard.

Pannone is a large international group of medium sized firms trading under the Pannone banner.

They will instruct appropriate Counsel on your behalf to handle your Employment Tribunal.

I would focus your queries about the calibre of Pannone Manchester rather than Tesco because they are merely the referrers.

For example: Pannone Solicitors Manchester

Best of luck

[CornishPasty]

Re: Tesco Legal Guard

Great! Thanks for the reply Cel! Appreciate it.

Pannone have all the details of my claim so far but I am waiting to see if they'll take it on. There has to be a 50% chance of winning the claim for them to actually represent me under Tesco's terms and conditions.

I hope to find out soon. The woman I've been dealing with is really lovely and I hope I get to work with her.

I'd love to post details of the claim on here but worry things might be a little too specific if the wrong person is reading? Not that I have anything to worry about, actually.... But you know.

[Celestine]

Re: Tesco Legal Guard

I know what you mean about Privacy worries.

Generally speaking, if you don't mention company names and/or industry sector, you can be fairly safe.

Lots of people opt for VIP because you can post in the comfort of knowing that details will not show up on Google searches and can only be read by VIP members.

Hopefully Pannone will assess your case and will decide to take it forward for you.

So is this something you've accessed via your home insurance policy? Just goes to show people should always check their cover.

Best of luck xx

[CornishPasty]

Re: Tesco Legal Guard

Hi there,

Yeah, it's accessed through my home insurance. I am also a member of Which? and they first suggested I take a look at my policy - good thing they did.

I have since told a few people to check their home insurance for similar provisions as a few friends of mine are also looking to the courts to sort a variety of different issues.

I'll post a brief (hahahah) outline of what I'm up against, devoid of specifics, to see if anyone here has any thoughts.

I worked for my employer for ten years.

I live in Manchester and was based in their office there. The majority of my time, however, was spent working in the Dorset office. It could be said that my work was in Dorset, I suppose.

Anyway, in ten years with my employer I never took a day off sick and think I was late to work only once. I think it's fairly safe to say I had the best attendance record at the place as my colleagues were famous for going off sick.

Anyway, I only worked part time with this company so while at home in Manchester I took on a part time job.

In June, my company offered unpaid time off for Aug and Sept. I applied for both and was granted the month of August off work, While on this month off I started working more hours at my job in Manchester as I'd need the money, not getting paid from my proper job.

During this month, my uncle - for whom I'm a carer - had a fall and broke his hip. He was bed ridden for about six weeks.

I sent emails to two of the senior managers at my normal employer telling them I needed time off to care for my uncle (as I simply couldn't go to work in the Dorset office as I was needed in Manchester to be available to provide care for my uncle).

I also called the HR department to say I needed time off work. The company claims to have no record of this call.

I didn't get any response from the managers but, as had happened previously, they had a habit of not replying but granting the time off when needed. Previously when I'd asked for time off it was approved without my having been informed of it so I had no reason to believe this situation would be any different.

As it happens, they decided not to give me the time off on this occasion but, of course, I didn't show up for work when they were expecting me to in early September (because of the previous arrangement with the managers) and so they suspended me.

They claim that I took time off work to work at my other employer's business. I have tried repeatedly telling them that I took time off work to care for my uncle but worked at the other place because

a) I needed the money while not at my proper job and
b) although I wasn't needed at my uncle's bedside 24/7 there WAS a need there for me to be able to get to his bedside whenever I was needed and so had a phone glued to me at all times waiting for the call

They complain that I didn't follow the correct procedure for taking time off work but I explained that, after 10 years with them and having NEVER taken a day off sick previously, I wasn't sure what the procedure even was. Further, as I had a special 'arrangement' with two senior managers, I was of the belief that a prescedent had been set for how I would go about getting time off if needed.

They were having none of it and claimed I was guilty of "unauthorised absense" of of "neglect of duty".

I get a letter inviting me to my first hearing. It tells me who I can invite to accompany me. The next day I get another letter telling me I'm not allowed to talk to, well, pretty much ANYONE about the situation. In order to be accompanied, though, surely I need to be able to talk to them about it?

I go to my disciplinary hearing, unaccompanied, where I provide them with letters from my uncle's GP confirming his accident and confirming the need for me to take time off of work to care for him.

Anyway, I'm notified of the decision to dismiss me immediately. I'm found guilty of all the allegations against me with the exception of one - not declaring my second job. This is put down, although not in so many words, to lost paperwork/admin error.

I suggest that my call to HR is not logged because of "lost paperwork or an admin error" but they dismiss the claim immediately.

On one of the allegations, perhaps the most serious, the manager says "I'd have let you go with a warning for this one, but I have to consider everything else".

couple of weeks pass

I go to my appeal hearing and I'm asked if I wish to discuss anything before we start. I say that I'm very susprised that the first manager would consider a warning for such a serious allegation when he's prepared to sack me for the others". The appeals manager tells me that "[I'd] have sacked you on the spot for that one".

I wonder what the point is of me even continuing as it's quite clear I'm not going to get a fair hearing when she's already made up her mind.

Additionally, I argue that the contradictory messages about being accompanied meant that I did not feel supported at this stressful time. They tell me I should have asked for clarification. I argue that it's THEIR duty not to pass contradictory information to an employee already stressed by the situation.

Regardless, we proceed. Hearing comes to an end.

The company has strict timescales set out for correspondence during a disciplinary procedure. I am supposed to hear back from them within SEVEN DAYS of the appeal hearing.

Three weeks later I'm still to hear anything.

I email them and ask what the decision is. They claim to have sent me an eamil three weeks before and I ask them to prove that I received it. They cannot, of course.

I'd previously told them that I regularly experience delivery delays to my rural property and asked that they send me everything by recorded or special delivery (I'd assume they'd do this anyway considering the sensitivity of the timescales).

They send me the decision by email and say they'll send me a written copy by post.

Upon receipt of the written version, I prepare my appeal and send it in. It arrives with them seven days after I get their special delivery letter - in time to appeal.

They claim I miss the deadline to appeal because it's more than seven days from getting their email. There was NEVER an agreement, however, that an email would constitute formal notification. ALL other correspondence had been in letter form and I was of the belief that this was no different. They claim that in my appeal it was agreed that their decision would come later than the 7-days. I do not recall agreeing to this. This IS noted in the minutes of the meeting, however. HOWEVER, in my first meeting I was asked to check over the details/minutes that had been taken and sign them to confirm they were accurate. No such confirmation was given on this occasion leading me to question the accuracy of a number of points in the minutes.

They again refuse to take the appeal further and ask why I didn't chase things up sooner. I tell them that by that point I both knew what the outcome would be anyway (because of the attitude of the hearing manager) and had more important things to worry about - like finding another job. I reminded them, too, that it is NOT my duty to remind them of their obligation to abide by their own timescales.

Right to appeal is again denied.

So I am where I am now.

This is all a very rough account of things....

I've had to spend a lot of money attending the hearings in THEIR office in Dorset despite there being the office in Manchester and on one occasion my hearing was delayed outwith the timescales as I couldn't get a flight down to them.

Thanks Cel xxx

[charitynjw]

Re: Tesco Legal Guard

Hi CornishPasty

Have a read through the attached ACAS guidance.

How big is the company? (It may have a significance on the number of appeal hearings that ACAS recommend)

[CornishPasty]

Re: Tesco Legal Guard

Hi CornishPasty

Have a read through the attached ACAS guidance.

How big is the company? (It may have a significance on the number of appeal hearings that ACAS recommend)

Hi there,

Globally it has about 30,000 employees.

The office in Dorset is a small one which is why I was sent there to work. Manchester is a larger office.

[bluebottle]

Re: Tesco Legal Guard

Having run a business in the past and had dealings with ACAS, it sounds to me like your employers haven't followed statutory procedures. This could have a bearing on their position if this goes to an ET. Contact ACAS as soon as possible.

[CornishPasty]

Re: Tesco Legal Guard

Having run a business in the past and had dealings with ACAS, it sounds to me like your employers haven't followed statutory procedures. This could have a bearing on their position if this goes to an ET. Contact ACAS as soon as possible.

That's what I was hoping someone might say!

In which areas do you think they've come a cropper?

I'm concerned by how long it's taking Pannone to come back to me to say yay or ney about whether they're taking on the case, so want to start preparing things to represent myself if need be.

Also, it wouldn't hurt to nudge Pannone in the right direction, even if they're heading there anyway.

[charitynjw]

Re: Tesco Legal Guard

If it were me, I would submit a written grievance (sent recorded delivery) to the HR dept., outlining the main points of your concern.
I would also request a hard copy of the firm's Disciplinary & Grievance Procedure.

It is the course of action which an Employment Tribunal would expect to see.

However, check with your solicitors first (if they are going to represent you, they will want to advise you, so best let them decide).

[CornishPasty]

Re: Tesco Legal Guard

If it were me, I would submit a written grievance (sent recorded delivery) to the HR dept., outlining the main points of your concern.
I would also request a hard copy of the firm's Disciplinary & Grievance Procedure.

It is the course of action which an Employment Tribunal would expect to see.

However, check with your solicitors first (if they are going to represent you, they will want to advise you, so best let them decide).

Do all of this even though I am no longer employed there? Are they likely to respond?

I'll be honest, I want to get them out of spite more than anything else. I was a good employee with a clean record and never had an unauthorised absense - or ANY time off other than my normal annual leave. When I really needed the time, they shafted me.

[charitynjw]

Re: Tesco Legal Guard

Just a tactical manoeuvre, Cornish - exhausts all the usual routes in the lead-up to ET.

But, as already stated, see what the sols say.

[CornishPasty]

Re: Tesco Legal Guard

Just a tactical manoeuvre, Cornish - exhausts all the usual routes in the lead-up to ET.

But, as already stated, see what the sols say.

Cheers! Will do. But I think I'll also take your advice and ask them for copies of these documents. I do, however, seem to remember having asked in the past and being told "it's on the Intranet".

[charitynjw]

Re: Tesco Legal Guard

How are you expected to access their intranet when you're no longer employed by them?

If you could get that in writing (ie. an email).........

[CornishPasty]

Re: Tesco Legal Guard

Hi guys,

Well, Pannone have said they don't believe there to be a 50% chance of winning.... I'm nor sure I agree (but then I wouldn't, would I?).

I'm considering paying a lawyer instead because I do believe that I have a case but that I'm not explaining it (or being allowed to explain it) fully.

What do you guys think? Keep going, or drop it?

I would love my job back, but recognise that I may have to settle for less. I would be fine with that and have in mind what I would settle for (and it doesn't involve a penny).