Employment tribunal nightmare

[Vincenza]

Hello

I worked for a big organisation for 2 weeks short of a year. I was fired for gross misconduct for something I did not do. I have full written evidence of this, great performance reviews from my peers and also evidence that I was fired for taking parental leave of 2 days as my son was sick (am a single mother). I went to appeal, answered all relevant points (AGAIN) and raised a grievance (which I raised prior to initial hearing but they did not want to hear until after it). That was a month and a half ago and I have not heard anything since. I was told in accordance with HR rules they would get back to me in 5 days. I have a solicitor who tells me I have a very strong case for tribunal. Am confused though as to why an HR department would behave like this. Surely such a direct contravention of HR policies would reflect badly on them at a tribunal? When I asked the HR man (AGAIN) where my outcome letter was he replied that it had gone to the lawyers? Is this normal practice or does it suggest that they are going to a compromise agreement (which is what I wanted in the first place). Does anyone have any experience of going to a tribunal?? I have heard that employers rarely go that far and normally settle at the 11th hour?? Please help. I am a desperate single mother who gets no maintenance and now has no income.

Many thanks

Hi!

Ribena - you were fine! I really appreciate all of your advice.

I am beginning to feel so worn down by this. Clearly I did not do anything that should justify gross misconduct and they have obviously hung this on me to avoid paying me my 3 months notice. They have messed me around and contravened their internal HR policies every step of the way. Given the way they advertise themselves, their hypocrisy is breathtaking. For me, now, going to tribunal is a matter of principle. I cannot abide a bully. However, I do not want to incur any further legal costs.

Can I just ask - is it normal HR practice to wind people up to maximum stress so that they simply give up? I feel that this is the tactic they are employing at the moment.

Vx

p.s. I have a text from a very senior member of staff that is HIGHLY inappropriate and offensive. I have yet to mention this and have tried to concentrate on the facts of the case. Do you think I should bring this into play at any stage???

I wouldn't say it is standard practice, but you have to remember that most employers receive lots of allegations against them one way or another these days. Even good employes will be threatened with litigation fairly frequently. It is, therefore, fairly common to wait until someone has filed a claim before doing anything, particularly if they don't have a year's service and you think they might not.

I know that your lawyer threatened to file a claim if you didn't get a response about a fortnight ago. In all honesty, that probably isn't helping. If your lawyer makes threats and doesn't follow them through, the company will start to wonder if you are serious.

Personally, my next step would be to fill out the claim form (there's a sort of pdf one online on the tribunal website that you can print). It would be best to get a lawyer to help you with this, but if you can't afford it, you can do it yourself. You can then either submit it straight off, or another option is to send it to your employer with a without prejucdice covering letter saying that you will submit the claim if they do not contact you with reasonable settlement proposals within the next week. If you submit a claim, bear in mind that most businesses won't negotiate until they have filed a defence (because they are negotiating based just on your side of the story), so your next chance to negotiate is after that, which could be four or five weeks time (they have four weeks to reply, but it takes time for your form and theirs to be processed, so add on a bit).

Hello everyone

Have filled in my tribunal form and my solicitor is going to check it for me for free. Am basically going to claim my 3 months notice. Also spoke to ACAS who were really good as well.

Will keep you posted. THanks for all your fab advice which is currently keeping me sane!

Vx

just wanted to add my support Vincenza!
go girl!

Dear all

Just to let you know that I attended an appeal for my grievance and have come out with a VERY satisfactory conclusion to this whole debacle - 6 months pay plus bonus plus all legal fees paid plus an internal investigation into the way the whole case was managed by them.

I just wanted to say a HUGE thank to FBB/ Ribena et al for your support and invaluable advice in this matter.

Right - am off to spend my winnings!!

Vxx

fab! Brilliant news Vicenza! Enjoy your winnings and well done.

That's fantastic news Vincenza, what a great result - have one on me to celebrate.