Can claimant sue respondent's consultant?

[BJandTheBear]

If claimant loses ET because respondent gave false information, and respondent consultant knew it was false information but still allowed it to be given, can the claimant sue respondent's consultant for negligence?

[mariefab]

Re: Can claimant sue respondent's consultant?

Would you definitely have won if you could have proved it was false at the hearing?
Can you prove it now?

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

Yes to both questions.

Its far too late for any appeal of the tribunal, which is why im looking at alternatives.

[mariefab]

Re: Can claimant sue respondent's consultant?

What kind of 'false information' are we talking about?
Made up documents, or he said x and you said y?

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

Theres several pieces of false information but only two that would affect the decision. One was the appeal officer saying he was not biased at appeal hearing because he kept his distance from the disciplinary process until it was time for an appeal. The consultant knew this was not true as the appeal officer was in contact with them and the disciplinary officer from the beginning before any investigation had taken place and was pushing for dismissal from the very start. The second related to a previous warning which was used to dismiss. The respondent said it was issued in good faith. The judge took it as being issued in good faith because the respondent said it was and he relied on the warning to make the dismissal fair. The consultant knew the previous warning was not issued in good faith as the respondent had already told them what warning was going to be issued weeks before the disciplinary was heard. With the previous warning in place the dismissal was fair but Without a previous warning the dismissal would be unfair. The consultant allowed their client to make these false statements. I now have proof which I didnt have at tribunal.

[mariefab]

Re: Can claimant sue respondent's consultant?

Did you appeal the decision to give the 'previous warning' at the time?

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

I appealed the warning when it was given but only on the grounds they hadnt followed their own procedures and hadnt produced any evidence to support their claim. The warning was just rubber stamped by the appeal officer. I had no idea back then that the warning had already been decided before my disciplinary.

[mariefab]

Re: Can claimant sue respondent's consultant?

I'm afraid that it's very unlikely that, even if you'd had the proof that the information was false in time, you could have successfully appealed.

And no you can't sue the respondent's consultant for negligence.

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

If I had the proof at the time I wouldnt have needed to appeal the tribunal decision because the warning would have been found as not issued in good faith and the dismissal would have been unfair. Doesnt seem right that one party can lie in court in order to win without any repercussions when they are found out.

[mariefab]

Re: Can claimant sue respondent's consultant?

Do you have a written Judgement of your case?

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

I have it somewhere but seems little point digging it out if nothing can be done.

[mariefab]

Re: Can claimant sue respondent's consultant?

I just thought, after reading the reasoning for the decision. that I may be able to tell you whether, or not, it would actually have made any difference to to Tribunal outcome if you'd had this new evidence at the time.

I know it wouldn't change anything; but it may offer you some sense of vindication or the knowledge that their lies didn't help them anyway. It might help you to draw a line under it.

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

As the Respondent's consultant cant be sued, can the Respondent themselves be sued for giving false information or can they be reported to anyone because their actions perverted the course of justice? Perjury springs to mind but I hear only a judge can report a witness for perjury. This leads on to another question; what can be done about a judge who is shown evidence of perjury but fails to report it?

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

Anyone?

[BJandTheBear]

Re: Can claimant sue respondent's consultant?

So it seems the bottom line is: employment law consultants (and we are talking a leading one in the uk) and employers can both be party to deceiving a court, a deception which affects the outcome of a tribunal, and when evidence emerges of the deception there is nothing at all that can be done about it. If that really is the case then that is a disgrace because it just gives the green light for these kind of consultants and employers to take their chances and lie in court!!!!