Industrial Tribunals

Davey
I have just won my tribunal I represented myself making sure I had all the documentary evidence and all the answers well prepared before I went in. Its not at all like one imagings the chairperson will advise you as will the clerk if you are not sure and it is very fair. The so called solicitors will bargain with you over charges if they think you have a good case. Good luck mate if you are right you will win go for it.

sorry,but I,ve not read through all the replies some years ago,before turning grey,I represented myself and found the tribunal even handed,just a thought what is it you want(sorry again if it,s been stated before)there is very little chance or getting your job back I think it is less than 5% that do.The firm I worked for where going bump slowly,got all my wages due from them via the tribunal,keep on getting whats yours.

Good luck Davey !! :astonished:

I wouldn’t like to be in your shoes. You say you’re not going to put all your eggs in one basket so-to-speak, but I think you are in so far as this tribunal is headed.

Okay, you’ve got these 7 witnesses prepared to back you up, but the justice system in this country seems to dish out “justice” on a basis of whether your face fits rather than going by the facts and evidence.

Putting your business on the line in the hope that - for the want of a better phrase - the justice system takes pity on you for doing that, I think is a ridiculous move. All those years of hard work getting it set up, the products developed and marketed, money invested etc, could all disappear overnight if you lose.

I think you’re treading on very dodgy ground to be frank but you certainly deserve to win the battle and I sincerely hope you do!

We all wish you the best of luck.

Rob K:
Good luck Davey !! :astonished:

I wouldn’t like to be in your shoes. You say you’re not going to put all your eggs in one basket so-to-speak, but I think you are in so far as this tribunal is headed…

Putting all the eggs in one Basket Rob, I was referring to relying solely on the Hour Guard, it’s a good selling product, however, the way the business goes is simply, we sell maybe 60 per month through the websites, Sometimes a lot more when the ministry have their purges, distributors buy around 500 each every couple of months so once they have all stocked up, the sales are solely from the website etc until they need to stock up again.

By introducing new products it increases the income,to help you through the quiet periods, however this is all investment as moulds need to be purchased (Very Expensive as they are made to order)

Rob K:
Okay, you’ve got these 7 witnesses prepared to back you up, but the justice system in this country seems to dish out “justice” on a basis of whether your face fits rather than going by the facts and evidence. .

The tribunals are very Fair, the evidence we have simply proves that in effect, how could we have refused her time off for doctors appointments in Mid September when we only found out she was pregnant on Oct 7th, she never produced any documents i.e appointment cards or doctors letters, for these so called appointments.

We were both told at the Preliminary hearing that we must make documents available to each other by Feb 4th, we requested written details from the doctors confirming these “Missed Appointments” to date, they still have not been able to produce the proof.

Also stated at the Preliminary was that the hearing would be 4 days in March / April or May

Last Saturday we recieved a letter saying the date had been set for February 17th for 4 days :confused: :confused: :confused:

I’m okay with that, however, if they want to accept that date as well, they have to submit the documents to the tribunal by today the 3rd. :laughing: :laughing:

Now I’m no solicitor, :smiling_imp: but, in my opinion, a good solicitor would have turned around back in October and stated, We need a list of these dates to prove you were refused time off, as we will get confirmation that you missed these appointments etc :sunglasses: :sunglasses: So why have they not got them? :confused: :confused:

Rob K:
Putting your business on the line in the hope that - for the want of a better phrase - the justice system takes pity on you for doing that, I think is a ridiculous move. All those years of hard work getting it set up, the products developed and marketed, money invested etc, could all disappear overnight if you lose…

I’m not looking for pity Rob, the other side as far as I know are not aware of me risking all, It’s not a case of hoping for pity, it’s simply a case of producing the evidence that she voluntarily left the company and is trying to be vindictive, all 7 witnesses including myself, can prove that her statement to the tribunal is false, as she has tried to mislead her solicitor into the events that occurred, it’s my opinion that he was going along the lines that it would cost my company a minimum of £1,000 + for legal representation, therefore by offering £1000 or so out of court it would prevent any bad publicity, his chin dropped a mile when I stated I was representing myself and we would not be making any out of court settlement. This Thread only briefly covers the case details, if I was to sit and write out all the statements I’d be here for an eternity LOL :laughing: :laughing:

In a nutshell, she told us on a Tuesday that she was pregnant, then told us wednesday that she could no longer work on a monday (The Busiest Day) then handed in her notice on the friday after being told she could not take mondays off, and walked out the following Thursday after a deduction of £45 was made to her wages to recover monies owed, ( As per section 9 of her contract of employment) Despite recieving a letter on the Tuesday Morning (She never turned in on the Monday) She stated to our accountantants that she had already repaid it in 2 halves, £26 the friday she handed her notice in and £17-92 (Yes I know it does not add up to £45) on the Tuesday she recieved her letter, and yet never made any attempt to inform us?
:confused: :confused: :confused:

Now if your boss was going to deduct some money off you, and he told you in writing, would you not point out that you had already repaid it and provided the proof when it was right next to you ■■? :confused: :confused: :confused:

Rob K:
I think you’re treading on very dodgy ground to be frank but you certainly deserve to win the battle and I sincerely hope you do!

We all wish you the best of luck.

I dont think it’s dodgy ground, I’m sure that the tribunal will see common sense here, after all, we have plenty evidence to prove that this is simply a scam.

Remember, I know her well and she is sure to trip herself up when being asked questions by myself about her employment with us, things I will be ready to point out to the tribunal as she does it, referring back to her statement. :wink: :wink:

Well I wish I could be as upbeat about it all as you are. I think I’d be dreading the day to be honest.

Sorry about my poor phrasing - “hoping they take pity on you” - totally wrong wording. I’m struggling for the right words… I don’t think the jury will see you putting your business on the line as being extra weight in your defence. Am I making sense ?

Therefore, I would recommend that should it all go ■■■■-up that you have a backup plan and, from what I can see, you don’t have one in place. You stand to lose the lot, plus some more.

The Tribunal doesn’t have a Jury, there’s a panel of 3 officials, 1 is an Employment Law Official, 1 is an Official from one of the Unions, and the 3rd being a Member of the Employers Organisation such as the chamber of commerce.

If I lose it’s back to square one, and brush off the dust and start at the beginning again, as long as all the company bills are paid I’ll be happy, we have arrangements in place for another company to take over the sales of the Hour Guard as I own the Patent, so it will not totally disappear in a flash.

I’m confident of winning, moreso having recieved 3 differing statements over the course of the past 3 months during various stages of this allegation, we are producing these as evidence, because of the vast amount of info etc, the tribunal set an expected hearing lasting 4 days, normally these are done in one day :confused:

Hi Davey

Best of luck in the forthcoming.

The only thing I would say to you at the moment is this:

  1. Don’t get involved in personal acrimony in front of the panel. You won’t have a brief there to dispassionately do your talking for you so force yourself to stay calm and address your comments and queries through the panel.

  2. If you feel yourself getting wound up, take a deep breath and focus on the panel - ignoring the other party. If you need a breather to collect your thoughts/calm down then just ask for a recess - they can only say no, but they might see your position and think it’s a good idea all round.

All the best

Jules

ps: on the next version of the hour guard can you fit a big dayglo sticker to remind some of us muppets to set the change after a weekly rest :blush: :blush:

Boots O’Lead:
Hi Davey

Best of luck in the forthcoming.:

Many Thanks :laughing: :laughing:

Boots O’Lead:
The only thing I would say to you at the moment is this:

  1. Don’t get involved in personal acrimony in front of the panel. You won’t have a brief there to dispassionately do your talking for you so force yourself to stay calm and address your comments and queries through the panel.:

I’m hot tempered which she knows, however, If I can resist 3 months of Winding up, without biting, I’m sure I’ll manage through the 4 days :laughing: :laughing: I know that is bugging her more than anything, I’m keeping Cool Calm and Collective :laughing: :laughing: :laughing: and was even very polite when speaking to her solicitor today on the phone :sunglasses: :sunglasses: :sunglasses:

Boots O’Lead:
2. If you feel yourself getting wound up, take a deep breath and focus on the panel - ignoring the other party. If you need a breather to collect your thoughts/calm down then just ask for a recess - they can only say no, but they might see your position and think it’s a good idea all round.:

I’ve been told to simply ask the Panel if we can take a break if things get heated, by asking they realise that you are acting professionally and showing your in control of the situation. :wink:

Boots O’Lead:
ps: on the next version of the hour guard can you fit a big dayglo sticker to remind some of us muppets to set the change after a weekly rest :blush: :blush:

You’ve lost me on this? you shouldn’t need to change anything after a weekly rest, if it’s button presses, we have found about 4 reverse alerts which attach to the step light, when the door is opened and the light comes on it gives a loud beep reminding you to press the buttons :unamused: :unamused:

When you start up in the morning, you hold down daily rest for 3ish secs then press either comp or search buttons until ready to go (basic detail but it’ll do)

The rest period defaults to day which you need to change to week, using the search info button, if you’ve just had a weekly rest. This is the bit I usually notice just after I’ve pressed the button to accept day as rest period :blush: :blush:

S’funny cos I don’t have any other problems operating this wonderful piece of kit (you’ll have to excuse the brown nose) :laughing: :laughing: maybe it’s more to do with the time of day when this usually happens - I never was a morning person really :wink: :laughing: :laughing:

Jules

davey all the best i hope you win this case it looks like you have enough evidence to win it,but i can not belive it is your sister that is takeing you to a tribunal its un real. what ever happend to family loylity.

benson :angry:

One of the conditions laid down by the tribunal at the preliminary hearing on 21st Jan was that all documents being used by either party in their case, must be exchanged by Feb 4th, this duly occurred yesterday,

Today we have sent a letter to her solicitor calling him as a witness to our defence LMFAO :smiling_imp: :smiling_imp: :smiling_imp:

I’m playing the cards close to my chest but can honestly say, they provided us with evidence which backs up our case and should be sufficient to cast reasonable doubt on all her allegations. :wink: :wink: :wink: