martin25:
The company is a well known company do i back down now or carry on the fight
So did they offer you your job back??
IMHO, you should clarify that with them before proceeding any further.
The question now is: Has a dismissal taken place??
WADR, are you for [zb] real? 
Perhaps you have forgotten what you wrote in your original post?
You were (basically) forced out of your job, you’re 900 quid a month down, your gaffer has admitted that he did the stuff you’re accusing him of and you’re being handed £3.5k on a plate and now you say this :
The company is a well known company do i back down now or carry on the fight?
Get a grip man. Take the [zb] to the cleaners, fill your pockets and then tell him to stick his job up his arse and get yourself a proper job. It’s a complete no brainer 
.
My job wasnt offered back no
as your job wasnt offerd back to you then you need take more advise preferCAB before you make a desison you could make who ever you choose to represent you is well versed in road transport and employment law
martin25:
My job wasnt offered back no
Something isn’t right here mate.
Given that the decision from the grievance meeting went in your favour, the outcome should have been reinstatement.
IMHO, something isn’t right, or you missed a trick somewhere… 
Your next move is to ask for written reasons for your dismissal, which the company MUST provide.
i thought it was an offence to know about or force somone to braek the hours rules should not vossa be involved and the traffic commisioners wtd poa,s dont make me laugh
martin25:
My job wasnt offered back no
As I said, something isn’t right here.
Are you sure you’ve understood the process correctly?
If you’re going to take them to Tribunal, you normally have 3 months from the date of the dismissal in which to lodge the complaint.
There’s no point waiting for the letter giving the reasons, or waiting for another company appeal, IMHO, you should get some proper advice and get cracking.
You can always withdraw the case later, but it’s very rare that a Tribunal will allow an “out of time” case to proceed to a full hearing.
It appears on this one as though there is something not right as they say the matter is “Closed” a far as they are concerned.
I would say go ahead with the “Constructive Dismissal” as they and your TM have admitted that your TM categorically gave you instructions to exceed your legal hours and threatened you with disciplinary action if you didn,t .
They are trying to bully you again by saying the matter is closed, and there is always the option of asking them to clarify the statement about the matter being closed i.e. are they offering you your job back or not then “YOU” can decide whether the matter is closed or not but remember as said earlier start the ET proceedings asap as you can always withdraw if you resolve the problem but another thing to consider (just as important as the ET case) ask yourself would you want to work for this company again after this episode?
I would also join a union asap even though they won,t fight this case as you (presumably) weren,t a member at the time you would get there representaion on any other problems and FREE legal advice in the future.
I would be very careful about reinstatement as IMHO you would probably be walking on eggshells for a long time after this and is it all worth it if you can find employment elsewhere?
This case might only be academic now, as there’s a heavy burden on the Applicant to show an acceptable reason IF the application to the Tribunal is more than 3 months from the date of dismissal.
If it turns out to be a constructive dismissal, the relevant date would be the date the Applicant left employment.
Waiting for letters from the employer, or attending internal appeal hearings doesn’t usually count as an acceptable reason for delaying the application.
An acceptable reason for exceeding the 3 month time limit usually has to be more substantial than that.
I still get the feeling that there’s something not right about this, because it was pretty much a slam-dunk, given the own goal that martin25’s company scored. 
you should have told him look pal theres only 24 hours in a day and i am not spending 15 of them for you stick your job up your jacksy
Give ACAS a call. They are usually a great help and would be able to help you in this case and it wont cost you a penny.
martin25:
I had to leave my job with a well known company in september due to threats from my transport manger.
I was delivering to shops in the norwich area and clearly couldnt deliver to my last shop as i was going to go over my 15 hours working time
My transport manager told me on the phone if i didnt deliver to this shop knowing that i was going to go over my 15 hours working time when i got back to the depot i will have a disciplinery. He also came out with words like1,Im going to [zb] have you ive got targets to meet.
2, Who do the [zb] you think you are.
3, Ure going to be out of a jobdue to all this i resigned from my job
im now at the 2nd stage of their grievence procedure i recieved a letter from the company last week and the transport manager has admitted making these comments to me its clearly stated on the letter and he has apoligised
Ive been in the company today and they have upheld my grievence but have said as far as they are concerned the matter is now closed
Im losing £900 a month with wages so what option are open to me any help thanks■■?
Take the ■■■■■ to the cleaners if you have been doing 15 hr days and you are only getting £900 a month something ain’t right there either.
So what’s the latest 
Got in touch with acas last month rang them friday the company replied on the 23rd december 2007 acas wouldnt tell me over the phone but they said the letter is being proccessed and will be sent out rather friday just gone or monday will let you know the outcome thanks again youve been a great help
keep truckin!!!
Good luck with it all - as I read it you are in a very strong position.
Hi guys…
Recieved a letter today from acas. Apre hearing has been set for the 2nd April at 9.45am in birmingham.
Rather ■■■■■■■■ myself at the moment has ive never been to a tribunal before does anyone know what goes on?? what will happen etc??
thanks for all the advice
martin
PRE HEARING REVIEW
The pre hearing review will be held on the 2nd april 2008 at 09.45am the specific preliminary issue to be considered at the hearing is as follows: Whether the claimants claim is out of time…
What does this mean does anyone know tryed ringing acas today they are yet to get back in touch with me
I left my job at the end of july and went through the companys grievence procedure which lasted 2-3 months so does anyone know where i stand
anyone please!!!■■?
martin25:
PRE HEARING REVIEWThe pre hearing review will be held on the 2nd april 2008 at 09.45am the specific preliminary issue to be considered at the hearing is as follows: Whether the claimants claim is out of time…
What does this mean does anyone know tryed ringing acas today they are yet to get back in touch with me
I left my job at the end of july and went through the companys grievence procedure which lasted 2-3 months so does anyone know where i stand
anyone please!!!■■?
To answer your question, a pre-hearing review is a way for the Tribunal to weed-out cases that are unlikely to succeed, or are likely to be misconceived for some other reason. Either of the parties to a case can request a pre-hearing review, or the Tribunal itself can require the parties to attend one. I’ve looked back at my posts and found that I had concerns regarding the time limit on 10/12/07 and 16/12/07, those are near the bottom of page 1.
You’ve said that you left your job “at the end of July” so you count three calendar months from the actual date to see whether your claim is in time. Can you remember the date that you made the application to the Tribunal??
It seems to me that the question to be addressed at the preliminary hearing is quite straightforward in that it’s looking at the relevant dates.
Those are: 1) the date you left, and 2) the date you registered your claim.
You might also be asked to account for any time delay in excess of three months from the date you left, so that the Tribunal can see whether there is a substantial reason for allowing the case to proceed to a full hearing.
Some of the possible outcomes of the preliminary hearing are:
You or your former employer might be required to supply further and better particulars, or
Your case is “out of time” and therefore not allowed to proceed any further or,
You’re allowed to progress to a full hearing at a later date, or
Your case is allowed to proceed, but you or your former employer are put on a “costs” warning. If this happens, I’d advise the affected party to get independant legal advice (not ACAS) at the earliest opportunity, otherwise it could prove to be very expensive for whoever loses the case…
I still think that somebody has not understood the process, not taken or ignored previous good advice, or there’s more to this than what’s been said.
I left the 23rd of july i didnt put a claim in till october as i was told by the company that i had to go through there grievence procedure before i could go to a tribunal the grievence procedure lasted nearly 10 weeks. as soon as the grievence procedure was over i contacted acas and went from there.
The only thing what is concerning me at the moment is the time thing dont fully understand it to be honest have i left it to late? do i give up?? if its been longer than 3 months where do i stand now>■■
thanks for the advice
martin25:
I left the 23rd of july i didnt put a claim in till october as i was told by the company that i had to go through there grievence procedure before i could go to a tribunal the grievence procedure lasted nearly 10 weeks. as soon as the grievence procedure was over i contacted acas and went from there.The only thing what is concerning me at the moment is the time thing dont fully understand it to be honest have i left it to late? do i give up?? if its been longer than 3 months where do i stand now>■■
thanks for the advice
Hi martin25, Do you know the likely date that the Tribunal received your application form ■■
( WADR mate, “till october” isn’t good enough.)
You already know the question that the Tribunal is seeking to resolve at this hearing, so I’d advise you to take any documents you have, such as payslips and all written communications between you and the company that are relevant. Do you still have the letter that says “the matter is closed.”■■ If so, you should also take that to show to the Tribunal.
IMHO, the worst that can happen is that the Tribunal tells you that your case can’t proceed any further. If they do that, then I’d advise you to just put the whole thing down to experience.