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Need advice- any employment specialist lawyers out there?

6 replies

employmentadviceneeded · 27/04/2010 13:08

I would really appreciate some advice from any experts out there or anyone else who has been in a similar position.

Without wishing going into too much detail, I was dismissed a while back. There were no complaints about me or suggestion that my employers had concerns. The whole thing was very sudden and came days after I made a formal complaint to them about safety aspects related to their work.
I took my employers to the employment tribunal. Prior to the ET, they produced a couple of documents which I am sure were faked (ie produced long after the date they are suggesting, with incorrect information or reporting something that didn't happen at all). Obviously, I have no proof of this. I went to the ET thinking that the judge, etc would be able to tell which side was telling the truth and which side were telling fibs and also most of the documentary evidence supported my case (rather naive obviously).
Unfortunately, the case has been found against me and, worse still the judge, etc have entirely believed their lies. I am strongly considering an appeal but I know it is v difficult. Does anyone have any constructive advice on how to go about this? Is there any way that the other side can be forced to release the files of the documents that I am sure are fake? Would this constitute new evidence? It would certainly call into question the veracity of their oral evidence but is it enough?
I am sure that I can't be the only person who has been in this position but it is v difficult to know where to turn for detailed advice. If anybody has any expert advice or helpful thoughts that would be wonderful.
Thank you!

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flowerybeanbag · 27/04/2010 15:40

Do you mean forced to reveal the properties of the files so that it would be possible to see when those files were created originally? Obviously the actual files themselves have already been revealed. Will the date they were created actually help you much anyway? If there is incorrect information can you not demonstrate that in some way?

employmentadviceneeded · 27/04/2010 16:18

Hi flowery!
I mean forced to reveal the properties of the files, yes. We have printed copies of the documents but not information about when they were actually created. The other party have given oral evidence that these documents are contemporaneous but I am sure that they are not. The judge has taken their word for it and also believed their version of events entirely when it came to my word against theirs on every point because they are senior to me and supposed to be respected, pillar of the community types. (There is no way of demonstrating that the information is false, it was my word against theirs). I was thinking that, if I can prove that they have faked the documents (ie that they are not contemporaneous), it would call into question the veracity of the oral evidence that they have given.

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RibenaBerry · 27/04/2010 19:22

I think you would struggle, TBH.

If you had stated your concerns about the authenticity of the documents at the time (you said that you doubted these documents throughout?), you might well have got an order to disclose the properties.

At the appeal stage, well, it isn't new information, you could have done it at the hearing, so it probably falls into the category of trying to re-litigate the case with different tactics.

Sorry.

employmentadviceneeded · 27/04/2010 20:26

Thanks ribenaberry!

You are probably right! I did doubt the documents throughout but I didn't consider getting an order at the time. I was given legal advice at the time that we shouldn't 'mud-sling', and that it would make us look bad, etc. Even the barrister, whom I only met at the hearing kept saying that it was very unusual for people to fake documents.
In the end, I simply trusted that the panel would have enough experience and common sense to be able to tell the truth form a pack of lies. Also, most of the written evidence was in my favour. When the other party was giving evidence, they were so vague, changed their story completely from what was written down in key documents, looked shifty, blushed bright red, etc. It was so obvious they were lying! However, the panel were constantly writing down the q's and answers and didn't seem to be taking half the information in.

If you do have any specialist knowledge of the field, can you think of any way to make the appeal a success? I know the rules are v specific.
I am so fed up that claimants don't get a fair, unbiased hearing and that people who lie and cheat come out on top. It's really wrong especially after going through all the stress of the whole thing

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RibenaBerry · 27/04/2010 21:04

Um, well I'm going to ask you a really, really blunt question. Please don't take offence.

Are you honestly convinced, hand on heart, that it was a fake and lies. It can be really hard to accept that some of the things people think about you can be mean, or two faced, or not recognise your merits. But it doesn't necessarily mean that a dismissal is unfair, or behaviour discrimination, or whatever.

Ok, assuming that it's not a case of accepting the reality of a correct decision, how can you appeal.

Basically, it is very hard. It can't be done just because you want the decision reconsidered. If you can find a point of law for appeal, that might be a route. The other is that the case is basically so illogical as to be inexplicable unless there is bias, etc. That's hard though. If you are set on doing this, I would get some legal assistance to do so. Appeals are v hard to do on your own.

employmentadviceneeded · 27/04/2010 21:37

I'm not offended, don't worry.
The documents are not lies/ nasty things about me.

One is a meeting that simply never took place so definitely a fake. My presence is recorded on the document so I know 100% that it never took place!

The second is minutes of the meeting where I raised my v serious safety concerns, just before I was dismissed. The notes bear very little relation to what was said (I made my own record too). The order is different, there are things in there that were never talked about at all, my complaints occupy about one sentence, whereas they formed most of the meeting etc. Again, definitely fake.

This particular business have had so many problems with staff, a huge staff turnover and are well know in the local area for having poor standards, cutting corners, etc. In this particular profession (without specifying what it is but perhaps you might be able to guess), these are incredibly serious things and the implications are huge! Fortunately, these issues are v rare but this is what made the problems stand out and made me complain.

Thank you for your advice. I appreciate it is v difficult to believe what I am saying without knowing me or more details of the case, etc

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