Industrial Tribunals

Okay who has attended an Industrial Tribunal

For those unaware I’m currently involved in defending myself at one of these re: trucknetuk.com/phpBB2/viewtopic.php?t=1041

This is now in the public domain since the preliminary hearing on Wednesday 21st January.

At an average cost of £1900 for a solicitor, I’ve decided to represent myself despite being told by the Tribunal Chairman that the legislations are very complicated, some of them coming in from Europe.

Opinions please either good or bad I dont care.

just looked at your original bit on this and was wondering if you had informed her when you paid for the road tax that if she left before that run out she would have to pay the difference and more importantly that you have that in writing.

wonder if this will be of any use to you davey employment-solicitors.co.uk/ hope that it goes well for you

me again sorry.on the monday scenario did she make up the 1hr per day to cover for the mondays if so you must have agreed to this so to say she had a lot of mondays off 7 you said then you must have agreed to this otherwise to let it go on for nearly 2mths without issuing her a warning you cannot say she was not allowed that mon the 13th off because it was no different to all the other mondays.
not saying who is wrong or right but the tribunal will look at that.

guess who.you said she asked for the13th of oct off then you said on fri 15th she gave 2weeks notice now if that was oct the 15 was the wed not fri.once again he will pick up on this

guess who.you said she asked for the13th of oct off then you said on fri 15th she gave 2weeks notice now if that was oct the 15 was the wed not fri.once again he will pick up on this

neil46:
me again sorry.on the monday scenario did she make up the 1hr per day to cover for the mondays if so you must have agreed to this so to say she had a lot of mondays off 7 you said then you must have agreed to this otherwise to let it go on for nearly 2mths without issuing her a warning you cannot say she was not allowed that mon the 13th off because it was no different to all the other mondays.
not saying who is wrong or right but the tribunal will look at that.

You have to realise that more leniency was given because it was my Youngest sister, although now I accept that there is no room in business for sentiment.

At the time the Tax was paid it was clearly stated that in the event she stopped using the car for company business she would have to repay it.

One further point, she also recieved over £1200 in cash benefits over her employment period (Cash in Hand Payments) when she was required to work all day, which was maybe on average 1 day per week, sometimes it would be 3 days sometimes none at all other than her basic 16 hrs per week. These are being pointed out to the tribunal showing that she was rewarded for the additional hours, as some reciepts are available as proof.

Verbal warnings had been given regarding the mondays, however they were spread over from the period May - September, I felt that the final straw had been reached on the 10th October, therefore the reason I refused to be blackmailed.

unfortunately once a verbal warning is official you must then follow the procedure of the next warning being a written one and so on till the final warning.he will again pick up on that.

what you do have in your favour possibly is from what i can gather is you made some cash in hand payments to her which did not have tax or ni paid on it mind you she would have to have reached the tax freshold.but in any event if she was claiming any benefit she must inform them of that money.

neil46:
in any event if she was claiming any benefit she must inform them of that money.

Family Tax Credit which is the reason we are putting the payments into the public domain through the tribunal, at the same time we expect her solicitor to realise that with the 7 witnesses against her, they are on an uphill battle, I have told my witnesses that I want only the truth in the statements, no exagerations and definitely no hear say I.E I heard that …

I honestly feel that it is just a case of proving that she walked out of the Job in a bid to try and get me to give in because of a pending move to new offices, and a 2 week trip to Hong Kong looming only 3 weeks away, she thought I would go running begging her to come back but I did’nt, when she said she was pregnant I’d even said we would check with the accountants to see how we could get her maternity pay increased,

If I can prove that, then all the other bits collapse around her, my statement is 5 pages long, the wifes is 3 and the other witneses are around 2 or 3 pages so it shows that there is too much to put on this thread.

Davey 1st of all I feel for you! and wish you best of luck

I was in business for 20 years we has lots of good years and a few bad one’s …ending in insolvency.

Hindsight is a wonderful thing but a few rules in business are allways the same!

1 NEVER employ family!
2 NEVER rely on the justice system!
3 NEVER trust anyone!

seems to me you broke all the rules.

Business has not, lucky enough ended my family or home life but alas I have seen lots that have!

My only advise I can give you is be true to yourself when in court and whatever happens you can at least smile when walking away because you my friend have bucked the system. No Solicitor or No Extortionate fee’s
and sometimes unfortunately No justice!

Please keep us informed of your one man fight against all that is wrong in UK Ltd!

And I really do wish you the good OLD best of british

Davey, only having met you briefly, I can only wish you the best of luck and hope everything turns out both in your business and family life.
You are in an awful situation.

PS, have you seen Mr Wheely recently?

sorry it has had to come to this

but good luck with it all

see you soon

Yes good luck with the Tribunal.

I always find it funny that the very people you think you can trust (family) are usually the ones who let you down.

If you honestly believe you are doing the right thing Davey then go for it.

From what I have read I would probably do the same thing.

Good luck. I say this as the justice system in this country is far from being fair.

I can only say all the best Davey, I hope everything goes well, as I know jack about this stuff.

Mal.

DITTO. GL DAVEY

Many thanks all, there is a lot more goes into this, on our side but it’s just not possible to put it in here as my Statement alone is 5 pages of size 11 type No wonder they say 4 days for the hearing

If nothing else I’ll have a good run for my money

Davey,
Sorry have to agree with previous post about family and business
but it’ll be something to put down to experience unfortunately,but all the best with your hearing
regards derek N. Ireland

neil46:
guess who.you said she asked for the13th of oct off then you said on fri 15th she gave 2weeks notice now if that was oct the 15 was the wed not fri.once again he will pick up on this

Hi Neil thanks for picking that up however, dont need to worry about that as the dates are all clearly listed in the statements, checked and double checked, she stated on the 15th she would have no option but to resign, the written notice arrived on the 17th the Friday.

Why would this case break your company? Surely she’s not claiming that much?

spaceman:
Why would this case break your company? Surely she’s not claiming that much?

Simply put, when the company was first formed it started from the front room of a house, the banks would not get involved because they had no faith that the product would be so popular, a lot of re-investment has taken place to get the company where it is today, 2 fully fitted out offices, computers, along with furniture and stock etc etc etc

Because of the high costs of developing the software (£15,000) and the tooling of machines i.e Moulds, PCB,s and LCD’s a further £20,000 we had to rely on re-mortgaging the house and relying on 2 shareholders who between them invested £14,000 to raise the £35,000 required to get this product onto the market place. A further £20,000 had to be paid to get the first shipment released from the suppliers, bear in mind, at the time I was a Truck driver only recieving a take home pay of £235 pw.

For obvious reasons I need to recover the costs involved in setting the business up so that the investors get their money back (Most of which has been repaid, only myself and my wife need to recover our share now), unlike most companies, I have no intentions of closing the doors and leaving our suppliers unpaid, therefore getting a bad reputation, but because the investors are now repaid the working capital has dropped drastically, where we could once order £20,000 of stock from China and pay up front, the money is no longer there for the time being. Why should investors lose their cash because of 1 person holding a grudge and claiming wild allegations because she could not get her own way?

The Hourguard is still selling very well, which pays the wages, but the investment in new products has stopped for the foeseeable future, and as any wise person knows, you dont put all your eggs in one basket, because relying on one product is risky.

A lot of people dont realise the actual costs involved with running a business, our costs alone amount to over £6,000 per month, a tribunal making an award against us of £1,500 lost earnings + Legal Fees of over £2,000 for the other party would seriously affect the cash flow within the business putting the company in serious trouble

We had to employ someone to replace this member of staff therefore despite her departure our expenditure has remained the same over the 16 weeks it has dragged on.