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Original poster

ADVICE - trying to take ex-employers to COURT - they have LIED on PERSONNEL FILE

18 replies

HellyBelly · 10/03/2006 16:00

Posted this earlier under legal and thought I'd try and get as much advice as possible.........

Some of you are already aware my dh was dismissed from his job on Christmas Eve and since then we've been trying to put a case together with our solicitor for Discrimination again a Disability.

Anyway, dh asked for his personnel file over a month ago and stated within 14 days (as per solicitors advice). 7 days later he got a letter saying it would be sent in due course. We thought this was odd because all they should have to do is get it, photocopy it and send. Well, it finally arrived this morning (after he chased them) and it's full of lies. They've invented a verbal warning that never happened and there are pages and pages of notes that we just know they have written up since requesting the file - lots of lies!

They put in their letter than they have not been playing delay tactics and that it's their busy workload that stopped them sending it sooner - we KNOW it's because they had lots to make up before they sent it.

What is the point in asking for a file if they are going to get the chance to make stuff up???!!! Where do we stand now???

Dh still hasn't got a new job and we are now worried we'll not even be able to take them to court now - any advice????

BTW, we have called solicitor but he's busy until Tues!

OP posts:

foxinsocks · 10/03/2006 16:02

I'm sure you would normally countersign a verbal warning but I have no idea if this is actually law or just good practice.

Original poster

HellyBelly · 10/03/2006 16:04

Thanks - someone else mentioned this on the other thread. Anyone else know if this is law or not?

OP posts:

foxinsocks · 10/03/2006 16:07

how big is this company? has it got a proper HR department?

Original poster

HellyBelly · 10/03/2006 16:28

Company is approx. 12 staff - family run business - relatives working there for tax reasons! AND............as for HR - that's the directors wife!!!

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foxinsocks · 10/03/2006 16:31

aaah thought it sounded a bit shambolic!

sounds like it will be harder for him to find people on his side if they are all going to tow the family line

I am sure then, to a trained employment lawyer, it will look fairly obvious where they have made their screw-ups and lies.

Original poster

HellyBelly · 10/03/2006 16:42

I know, it's all a bit crap - can't believe the lies they've made up!!

OP posts:

clerkKent · 10/03/2006 19:38

There is no law about countersigning a verbal warning (it is VERBAL after all). However they need to have a disciplinary policy which sets out the stages of disciplinary procedure. If they do not have one, an Employment Tribunal would count that heavily against them (but again it is not the law). Of course if you ask for a copy of the policy, they will create one...

RedTartanLass · 10/03/2006 20:29

HellyBelly no advice just wanted to express my [anger] and

That's terrible for you both.

lexiemum · 10/03/2006 21:52

verbal warnings must be time specific and be set alongside a performance plan to improve area. If this doesn't happen, then you go down the formal disciplinary procedure - the basic requirements of a disciplinary are on the acas website.

Original poster

HellyBelly · 13/03/2006 13:09

ClerkKent - the terms and conditions of employment state they will follow the standard 3 steps i.e. verbal, written, final and they haven't followed it. We thought we could get them on that but we've since been told that if you've been there less than a year, they don't have to follow this . So why on earth do they have these procedures if they don't have to follow them?????

Someone on my other thread suggested getting the solicitor to write to the company asking for the original notes (handwritten) saying we want to get them tested to see when they were actually written

Anyway, thanks for all the advice. Hopefully the solicitor will help more tomorrow.

OP posts:

harpsichordcarrier · 13/03/2006 13:17

hellybelly
god I would LOVE to see this file....
just a few suggestions... presumably the notes/verbal warning are dated and timed? can you cross reference with your diaries/the diaries of those who were meant to be at the meetings?
if they have been lying then there will be plenty of opportunity before and during any hearing for your solicitor to establish the truth. e.g. about non existent meetings - who was there, where were they held etc.
do the terms and conditions specify what was to be done for a verbal warning i.e. does there have to be a meeting, who gets to attend, does the employee get the chance to take a witness?
please try and take comfort in the fact that lying on this scale is NOT a good idea and WILL be found out... and this will of course reflect badly on their case.
again

Original poster

HellyBelly · 13/03/2006 18:11

The meetings were all just dh and his boss so no witnesses. They all state dh was present and are dated but not timed. Dh is going to double check through his diary but thinks that the dates probably add up but the content of the notes includes a lot of made up stuff, the verbal warning for example!!!

The terms and conditions of employment only mention the 3 step procedure but does not mention what will happen for each stage ifswim.

I'm off to check out our phone records for December and one thing he is making out is that dh never bothered calling during 2nd week off sick and dh remembers the phone conversation well

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Original poster

HellyBelly · 15/03/2006 11:47

I'm laughing my head off at the moment - dh is going through all bits on file as putting a full statement together for solicitor and one bit is so bloody funny - the idiot boss has written a note about dh supposedly saying that he felt not so good with targets compared to xxx and xxx - one of the xxx hadn't even joined the company @ the date on the file note

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nightowl · 16/03/2006 04:18

when i took my ex employers to court one of the things they tried to use was that i was 15 minutes late every morning, and that they had never agreed to it (which obviously they had).

they said that when i first joined the company i failed to inform them i would need to work flexible hours due to the "school run". idiots. when i joined the company i didnt have any children, let alone a school age one!

Original poster

HellyBelly · 16/03/2006 07:23

how did you get on with your case nightowl?

Dh has come across more meeting notes with xxx name on who wasn't even working for them then. Also, notes dated a date when they were out of the office. I'm sure he's got enough to prove they are not trustworthy with their comments, it's just whether or not the barrister thinks the case is more than 50% in our favour which they are hoping to decide soon, they just need dh's statement!

OP posts:

harpsichordcarrier · 16/03/2006 07:30

that's good hellybelly
hmmm not the sharpest tools in the shed are they?

Nightynight · 16/03/2006 07:45

good luck, hellybelly
if it ever does come to a court situation, just stick to your guns. it may be harder than they think to maintain a lie credibly in court, esp. if challenged on these kind of details.

Original poster

HellyBelly · 16/03/2006 07:51

Thanks, I really hope we manage to get them as dh has been REALLY trying to get a job since 4th Jan (lost job xmas eve and that was the first opportunity he had to do anything) and he hasn't even been able to find temp work :( He's absolutely desperate to get out of the house and be back at work as I'm a childminder and the noise is starting to drive him mad!

Anyway, will keep you posted :)

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