Me vs McLellan's Transport hearing scheduled!

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
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Me vs McLellan’s transport. Few weeks from now.

About 1098 GBP of unpaid salaries, overtime, holidays etc.

I am excited, as I almost lost hope that there ever will be that day. But it will be soon! Keep your fingers crossed for me!

I am seeing my student’s advisors from Strathclyde University Law Clinic in Thursday (as I wasn’t able to hire a lawyer, but the girls there are really a great help for me and if not them, I think I would give up as the company administrator was doing everything to evade me. If anybody will be in trouble one day, you can find a good help in this student’s law clinics!).

[ Particulars of the case removed as advised by bucyrider]

but they are worst place I ever worked.

[ particulars of how I was pursuit them removed as adviced by bucyrider]

but it was a long, hard way and it’s a long story :slight_smile:

Keep your fingers crossed for me and please, let me know if anybody has some experience with Employment Tribunal, as I am complete stranger to British law system. Only things I know is that in some courts they are wearing this funny wigs :grimacing: :grimacing: :grimacing:

Interesting things: I do pretty much jobs for agencies. Sometimes double-manned. I already met about 5 people, who used to work for McLellan’s Transport, then they did not paid them and they never managed to get their money of them. I hope then that I will be the first one!

Really, keep your fingers crossed!

And I hope when I win my case, I will have a court confirmation that my words are true, and then I will be able to write here again how it was to work there and this time Rikki will not delete my post :slight_smile:

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besy of British to you

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good luck. There’s too many companies abusing their power over workers

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Orys,

The employment tribunal is not a very scary kind of court - no-one will be wearing wigs, though you should try to appear respectful when you speak to the guys on the top table.

My impression has been that they generally tend to favour the ‘little guy’ - they won’t let guys with fancy lawyers bully you.

Your best hope is just to behave like an honest hard-working guy. If the other side try clever verbal tricks to try and tie you in knots, then just ask them to repeat the question. And always remember that if you tell the truth they can’t catch you out!

Good luck!

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wilbur:
Orys,

The employment tribunal is not a very scary kind of court - no-one will be wearing wigs, though you should try to appear respectful when you speak to the guys on the top table.

My impression has been that they generally tend to favour the ‘little guy’ - they won’t let guys with fancy lawyers bully you.

Your best hope is just to behave like an honest hard-working guy. If the other side try clever verbal tricks to try and tie you in knots, then just ask them to repeat the question. And always remember that if you tell the truth they can’t catch you out!

Good luck!

Thanks! I am really glad that I will have these girls - law students - with me but every advice is appreciated. Funny thing - I do not know how to adress the judges?

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Good luck with this. As said, too many companies think they can take a dump on their workforce when they want.

I too had a case going to the tribunal over an unfair dismissal. You may be lucky like me, in that my old employer offered an out of court settlement a couple of weeks before the hearing. I got as much money as I was hoping to get at the tribunal if I had won.

Stick to your guns, & show you mean business, & of course tell the truth, & they just might back down. :stuck_out_tongue:

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OOps!! Bouble Post :blush: :blush:

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Orys, a few words of advice.

First do not get carried away in slagging off McLellans, on this site. Your comments are there for all to see, including McLellan,s, or members of their Legal Team. Any statements that you make on here, which could be classed as defamatory, could result in you facing a charge of slander or libel,for having caused damage to that Company,s good name. You could then be asked to prove those statements in a Court of Law, when you would be in front of, and being questioned by, people in Big Wigs.

Second. Ask your Student Law buddies if they can find out whether , or not you can be accompanied by a “friend”, when you attend the Employment tribunal Hearing.That “friend” could even be one of your student law advisors. If that “friend”, is given the full facts relating to this problem with your former Employer, then they can present the case on your behalf, although you will need to be prepared to answer questions, put to you by the Solicitor representing Mclellans.

The Tribunal itself, is nothing to be worried about. Normally a Barrister, specialising in Employment Law will be Chairman. He sits in the middle.
On one side will be a representative of and Employers “Union”, The RHA or similar
On the other will be either a Union Representative, or some other Non Employers -side person, there to provide balance from your point of view.

Always adress anything that you say, directly to the 3 members of the Tribunal.Look directly at them when you speak. Use a respectful tone of voice. Do not loose your cool. The Tribunal will give you every opportunity to articulate your case;So if you are struggling to get your point over, explain to the Chairman what the problem is, or what the difficulty is that you are having in forming your response to any question put to you by the Other Side. The Chairman, or one of his co Tribunal Members, will normally help you sort it out.

Unlike some of your posts on this site, Do not insist on having the Last Word. You will not be allowed it at an Industrial Tribunal. If you try to insist on having that Last Word, it will cost you. The Tribunal will make its decision based on the case presented to them, and presenting it to them in a respectful manner, carries a lot of weight with them.

How do I know all this?? In the 1960,s,and 70,s I was a highly experienced Trade Union representative who specialised in presenting cases, as a “friend”, at Industrial Tribunals. I acted in more cases where the Tribunal found in favour of the Plaintiff (you) than found in favour of the Defendant (Them).I feel that I can justifiably claim to know what I am talking about.

Get your Student Law Cru to read through this , and let them give you their opinion of what I am saying.
The choice is yours.

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Good luck Orys!!!
You’ve been more succesful getting an employment tribunal than I was with South West Trains, they kept saying to my union rep that they were “busy with paperwork built up over Christmas” and it went past the deadline to do it :smiling_imp:
Hence why I never use the trains anymore - why should I pay South West Trains my hard earned after the way they treated me?

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hope you win - by the looks of their fleet though, your lawsuit could put them out of business :laughing:

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Buycrider:
Orys, a few words of advice.

Hm, thanks a lot.

I will speak with them day after tommorow. As far as I am concerned they are representing me there, so I am not dealing straight with a Tribunal, but I am fully aware that they will ask me questions.

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merc0447:
hope you win - by the looks of their fleet though, your lawsuit could put them out of business :laughing:

I keep my mouth closed as advised… But they went into administration about year ago :slight_smile:

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Good luck Orys ,thats a helpful post from Buycrider b.t.w.Let us know how you get on.

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orys:
Thanks! I am really glad that I will have these girls - law students - with me but every advice is appreciated. Funny thing - I do not know how to adress the judges?

I can’t really claim to be an expert on this, but the men on the panel (they’re not ‘judges’, really) were called ‘sir’. I have only seen one women there, and she didn’t speak to anyone and no-one spoke to her, so I’m not sure if she was ‘madam’ or ‘miss’ or whatever.

I think if you’re some shiny barrister then you need to know the proper form of address, but if you’re a hard-working humble van driver from the wilds of Eastern Europe, then you’ll be fine just being polite. There’ll be some kind of clerk to show you where to wait, etc, and you can always ask them what to call the ‘judge’.

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As I have mentioned to you before I took them to a tribunal for money owed and they tried everything including getting their lawyers to say I had not even worked there.

They caved in the day before and sent me a cheque for the full amount.

ACAS did everything for me though so no lawyers required.

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From what i have been told, Gordon McLellan is no longer involved with this company, he is setting up again under a new company name working from Airdrie… Be warned ( allegedly )

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aranger:
As I have mentioned to you before I took them to a tribunal for money owed and they tried everything including getting their lawyers to say I had not even worked there.

They caved in the day before and sent me a cheque for the full amount.

ACAS did everything for me though so no lawyers required.

I tried ACAS as well but to make ACAS useful both sides have to agree for mediation.

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pete-b:
From what i have been told, Gordon McLellan is no longer involved with this company, he is setting up again under a new company name working from Airdrie… Be warned ( allegedly )

From what I have been told, I heard a really funny stories about Gordon, including why company went busted. What the shame that I can’t post it here, as I don’t know if it’s true and even if it is, it’s involving the guy’s private life…

But it’s good to hear that I will deal with someone else.

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orys:

pete-b:
From what i have been told, Gordon McLellan is no longer involved with this company, he is setting up again under a new company name working from Airdrie… Be warned ( allegedly )

From what I have been told, I heard a really funny stories about Gordon, including why company went busted. What the shame that I can’t post it here, as I don’t know if it’s true and even if it is, it’s involving the guy’s private life…

But it’s good to hear that I will deal with someone else.

You could always tell me via private message :wink:

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I WOULD TAKE BUYCRIDER`S ADVICE MYSELF, he does seem to know what he is talking about, and thats the beauty of having some one who is older and wisser and by all account EXPERIANCED.
ALL THE BEST WITH THE CASE, GIVE US ALL AN UPDATE LATER.
Tony