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Do I have to attend tribunal if i've left?

34 replies

Tinkerisdead · 30/03/2008 12:32

I recently left a massive blue chip company for a thousand reasons which revolved around pay, working hours, customer service including unfair charging and issues which I left called my morals into question.

I was in a senior management position and to cut a long story short I had to sack people for their continued sick absence. The decision to fire someone fundamentally made by my boss and HR but I had to complete the procedure and write the justification for ot. I should note that my payrises etc were witheld whilst I had more than 5% of my staff off sick. If I failed to dismiss people who had breached 180 days sick then I faced discipline procedures as it was deemed that i could not manage performance effectively.

I soon realised that decisions like this I found very uncomfortable and so resigned from my post. I am now 8 weeks pregnant and the company have contacted me to say that 2 people I dismissed are going to tribunal for unfair dismissal. I have asked what happens if I dont want to attend for a company I left for moral reasons and they have said they will sends me a summons etc.

I'm not denying I dismissed these people (bith had been off sick for over 400 days in 4 years)however the company has all my notes around the decision. I had a to prepare a decision rationale for each case.

The whole thing makes me feel sick, I dont want to represent a company that i walked out of, I have enough on my plate with morning sickness etc and they have advised me that I have to notify them of all my antenatal dates, scans etc and periods in hospital so they can ensure I am available for tribunal. The whole thing is making me feel sick. Where do I stand if I refuse to act for a comapny I am loathe to defend?

OP posts:
oops · 01/04/2008 20:55

Message withdrawn

TotalChaos · 02/04/2008 08:34

they're trying it on to some extent, trying to pressurise you. Don't cave. The worst that can happen is that they witness summons you - i.e not really anything worse than you having to cooperate with them now. And hopefully if you won't cooperate with them they will think long and hard about taking the case all the way to tribunal rather than settling out of court.

flowerybeanbag · 02/04/2008 09:30

If they can't win the case without you but you make it absolutely clear (not hint) that your testimony in the tribunal will not be favourable then their best bet will be to settle it with the people concerned.

I do recommend being absolutely clear. Not just about 'can't remember'. By saying they can't win the case without you they have actually given you a lot of power.

I would respond to their solicitor along the lines that you understand they can issue you with a summons and you will very reluctantly attend if they do that but you would like to make it completely clear that your testimony in a tribunal setting under cross-examination will not be at all favourable to his client (the company) and will not assist them make their case.

Hopefully when that is clear to the solicitor he will recommend they settle the cases outside the tribunal.

llareggub · 02/04/2008 10:34

Flowery, you're back! I do hope you had a good break.

flowerybeanbag · 02/04/2008 10:36

hiya

Have been slaving away over my beautiful new website and (mostly) leaving MN alone. So not exactly relaxing but change as good as a rest they say!

llareggub · 02/04/2008 10:47

How exciting, a new website. I have taken the plunge and negotiated part time working, 2 days a week. Pay issue sorted as part of the negotiation. I feel very relieved.

I am going to relax for a while with my so as I had bad news regarding my pregnancy, which led me to the part time decision. I am going to dabble a bit with some freelance work and see where it leads.

Twiglett · 02/04/2008 10:59

I would email them stressing that the reasons you resigned your position was because you felt morally uncomfortable with a number of the ways you were requested to work including the remit to dismiss people who breached 180 days sickness.

Say that you await their summons with great pleasure but do not wish to have any further contact with the company until you are called for the tribunal at which point you will make your position on their HR practices entirely clear

PotPourri · 02/04/2008 11:25

Flowery has summed up the best course of action. Do that.

But I must add, if that is the HR policy, whether you agree with it or not if you followed the company policies, and on cross examination that is proved to be the case (whether you liked doing it or not) then the company will be covered. This is why this you are the key witness.

Personally I don't have an issue with dismissing people for long periods of absence - it caused big problems for employers and the rest of the team end up carrying them. It is unsustainable for a business, which is why companies have these policies (this is obviously not the case if the person has an illness like Cancer).

flowerybeanbag · 02/04/2008 14:35

llareggub have emailed you

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