Unfair dismisal ?

[qteas]

Re: Unfair dismisal ?

update - I checked the costs of the employment tribunal which turns out to be approx £1000. This would be to contest the dismissal. He is not in a position to meet this cost as he hasn't had an income for such a long time. His solicitor is going to establish if the Union has paid this fee upfront prior to withdrawn from the case. If they have we are going to try and do it ourselves. I think he has a case for sex discrimination too as if he were a woman he would not be having to deal with this issue in the first place.
Is there any way of proving sex discrimination when I am unaware of similar cases with this council ?

Dear StevemLs - how can the SSSC prove someting that didnt happen on the balance of probabilities particularly when the court didnt believe the accusations that were made. Does the court ruling not give his version of events more weight as the court are able to investigate in far more depth than the SSSC could ever do

[teaboy2]

Re: Unfair dismisal ?

update - I checked the costs of the employment tribunal which turns out to be approx £1000. This would be to contest the dismissal. He is not in a position to meet this cost as he hasn't had an income for such a long time. His solicitor is going to establish if the Union has paid this fee upfront prior to withdrawn from the case. If they have we are going to try and do it ourselves. I think he has a case for sex discrimination too as if he were a woman he would not be having to deal with this issue in the first place.

Is there any way of proving sex discrimination when I am unaware of similar cases with this council ? Balance of probability!

Dear StevemLs - how can the SSSC prove someting that didnt happen on the balance of probabilities particularly when the court didnt believe the accusations that were made. Does the court ruling not give his version of events more weight as the court are able to investigate in far more depth than the SSSC could ever do - I was thinking the same thing last night as the tribunal and SSSC would have to fit the criminal court ruling in to their equation when summing up their decision!

See above - By way, you don't have to carrying on the pretext as to this being your brother after you said it was about you last night. Theres nothing to be ashamed off!

[stevemLS]

Re: Unfair dismisal ?

Indeed, it would be for the SSCS to prove that what they allege is more likely than no, it is a lower standard of proof than the criminal standard - which I am sure you understand as a copper.

I have now view on the facts as put by you - how could I?

I was simply trying to point out this potential problem you face.

Good luck.

[qteas]

Re: Unfair dismisal ?

Thanks guys by the way I'm not a copper just a very worried man trying to cope as best I can.
But thanks for your help so far with this. Generally speaking my life has been in trauma since all this happened and every time I think I'm getting to the end I've been kicked in the teeth. The onlything that keeps me going is known I was innocent and my family obviously in addition to hoping I can get back to work and start rebuilding my life although I will never recover the thousands I have lost

[qteas]

Re: Unfair dismisal ?

Well ive now been told by my solicitor that i wont have to pay the nearly £1000 tribunal fees. In addition it would be very unlikely that i would be liable to pay costs as i have a valid reason to make a claim. However ive to tell them before Monday if i want to run my case on my own. I cant afford to pay a solicitor to present my case.

The dilemma at this stage is if i go to the tribunal and cant persuade them that dismissal was not within the band of reasonable responses the SSSC would use that against me when coming to a determination of my case. On the other hand if i dont go to the tribunal they may perceive this as some sort of admission that i agreed dismissal was reasonable.

My old employers position remains to be irrespective if i was the perpetrator or the victim i had a duty to report these difficulties to my employer. Bearing in mind by the time of my internal appeal the employer knew i was innocent of the accusation leveled against me.

What do you think ?

stevemLS, teaboy2

[teaboy2]

Re: Unfair dismisal ?

Well ive now been told by my solicitor that i wont have to pay the nearly £1000 tribunal fees. In addition it would be very unlikely that i would be liable to pay costs as i have a valid reason to make a claim. However ive to tell them before Monday if i want to run my case on my own. I cant afford to pay a solicitor to present my case.

The dilemma at this stage is if i go to the tribunal and cant persuade them that dismissal was not within the band of reasonable responses the SSSC would use that against me when coming to a determination of my case. On the other hand if i dont go to the tribunal they may perceive this as some sort of admission that i agreed dismissal was reasonable.

My old employers position remains to be irrespective if i was the perpetrator or the victim i had a duty to report these difficulties to my employer. Bearing in mind by the time of my internal appeal the employer knew i was innocent of the accusation leveled against me.

What do you think ?

Go for it, as from what i can see you have nothing to loose by doing so!

[qteas]

Re: Unfair dismisal ?

Tribunal bundle - can I add anything I feel is relevant to this ie guidance on supporting victims of domestic abuse, a letter from my GP as evidence of my depression caused by the abuse had suffered at the time, the latest police update on their investigation into my ex- partner behaviour and history of domestic abuse including previous false allegations

[teaboy2]

Re: Unfair dismisal ?

Tribunal bundle - can I add anything I feel is relevant to this ie guidance on supporting victims of domestic abuse, a letter from my GP as evidence of my depression caused by the abuse had suffered at the time, the latest police update on their investigation into my ex- partner behaviour and history of domestic abuse including previous false allegations

Its better to include as much as you can, if there's anything that's irrelevant the judge will point this out at the pre-hearing! So even if your doubtful about something, include it anyway! Plus more you include the more work it makes for the ex employers legal team too! mashappy:

Don't however include something you think could go against you or be used against you!

[qteas]

Re: Unfair dismisal ?

Thanks

[qteas]

Re: Unfair dismisal ?

My request for postponement is being opposed as per the below email. Ive taken out the name of the barrister for the other side just in case it would get me into trouble.

This request for a postponement of the hearing is opposed by the Respondent.


Many if not most claimants are unrepresented in the tribunal system. The claimant may not be aware of this, but the presiding employment judge will make sure he (the claimant) is aware of what he needs to do to present his case and to challenge the Council’s defence.

It is also relevant that the claimant’s state of knowledge is unlikely to alter in any material way between the date presently fixed to start the case (14/1/15) and the “beginning of February” by which he says he will be more able to present his case.

[teaboy2]

Re: Unfair dismisal ?

Why did you feel the need to request a postponement?

[qteas]

Re: Unfair dismisal ?

Total dread and fear but also so I could gather up documents to support my case. I know it's going to happen anyway I just feel I need a bit more time. But if they stick to the date scheduled I'll just make sure I'm as prepared as I can be. I would also like to go to a tribumal first to see what is like. But generally just petrified

[teaboy2]

Re: Unfair dismisal ?

Total dread and fear but also so I could gather up documents to support my case. I know it's going to happen anyway I just feel I need a bit more time. But if they stick to the date scheduled I'll just make sure I'm as prepared as I can be. I would also like to go to a tribumal first to see what is like. But generally just petrified

Its not that bad actually at tribunal, its a fairly comfortable experience and they are usually pleasant towards you, especially when you are representing yourself. If your able to sit in in one in your local area to get a idea of what to expect then you should do so.

[qteas]

Re: Unfair dismisal ?

Am i allowed to request the opportunity to interview and take statements from the respondents witnesses as i think the statements given have been manipulated by the respondent

[spirit2534]

Re: Unfair dismisal ?

Hi
I'm just an onlooker in this case.

I've had one experience with an ET, I was the only one at the time represented by a solicitor (legal aid on Household policy), most just represented themselves. It was complex case, employer in administration.
I found the Judges (Tribunal) very supportive, not a threatening situation

One of my relatives is a Social Worker, she found that the LA, her employer were very pinicky about aspects of her private life, not fair but reality. A dispute about money paid to a babysitter was reported to them, she was advised to settle (not big money) rather than fight on principle.