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Thread: Tribunal hearing

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    Tribunal hearing

    I'm taking my Ex workplace to a tribunal,Well I've put in a grienvance matter and i was just wondering what happens should i win or lose? If i lose to i have to pay costs? I'm only asking as its really Me Vs Them so its going to be harder for me although i feel i have anuff

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    Re: Tribunal hearing

    You wont know if the case will get to tribunal until it has been accepted or declined.
    If accepted, then you will almost certainly win.
    From sitting on IT panels, it is also wise to take representation with you as the firm you are sueing (IF they turn up and dont settle first as most do), will almost certainly take legal representation.

    Lastly though, be prepared for the backlash when you apply for future employment.
    If asking for a reference, it can be stated that you sued your last employer and there are very few prospective employers, whether you were morally right or not, that would want to re-employ someone seen as a trouble maker.

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    Re: Tribunal hearing


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    Re: Tribunal hearing

    Quote Originally Posted by Blitzen View Post
    You wont know if the case will get to tribunal until it has been accepted or declined.
    If accepted, then you will almost certainly win.
    From sitting on IT panels, it is also wise to take representation with you as the firm you are sueing (IF they turn up and dont settle first as most do), will almost certainly take legal representation.

    Lastly though, be prepared for the backlash when you apply for future employment.
    If asking for a reference, it can be stated that you sued your last employer and there are very few prospective employers, whether you were morally right or not, that would want to re-employ someone seen as a trouble maker.
    That's the only part that worrys me I know i can win it but its all about getting a new job afterwards or before hand,I believe you have 3 months to make a claim though

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    Re: Tribunal hearing

    Quote Originally Posted by BlueRiband View Post
    That's the only part that worrys me I know i can win it but its all about getting a new job afterwards or before hand,I believe you have 3 months to make a claim though
    The biggest thing is, do you know you can win because you know you're right, or you know you can win because you've sought the appropriate legal advice and have checked the relevant laws that might apply to your case.

    There's a world of difference between "know I'm right" and actually being right.

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    Re: Tribunal hearing

    Quote Originally Posted by Lucio View Post
    The biggest thing is, do you know you can win because you know you're right, or you know you can win because you've sought the appropriate legal advice and have checked the relevant laws that might apply to your case.

    There's a world of difference between "know I'm right" and actually being right.
    It won't be up to him to decide anyway.
    Once the IT form is submitted, the panel will review in their absence and decide if there is actually a case to be heard or not.
    As IT's are free, they do scrutinize them heavily.
    This is why, in the HUUUGGEEEE majority of cases, if the IT panel decide to bring the grievance to tribunal, it is highly unlikely that the claimant will lose.

    THis is also why most companies will want to settle before the tribunal papers are served and they are summoned to appear.
    I have also found that the vast majority of employers being sued will leave it until it gets very close the hearing in the hope the nerves will get the better of the claimant. Sometime as close as waiting to go in can a settlement offer be made.
    Last edited by Blitzen; 29-07-2009 at 04:32 AM.

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    Re: Tribunal hearing

    Quote Originally Posted by BlueRiband View Post
    I'm taking my Ex workplace to a tribunal,Well I've put in a grienvance matter and i was just wondering what happens should i win or lose? If i lose to i have to pay costs? I'm only asking as its really Me Vs Them so its going to be harder for me although i feel i have anuff
    you don't have to pay any costs. acas will look at the complaint first and give both parties advice regarding the case, to clarify both parties to if they are legally in the right or wrong. most cases are then resolved before tribunal proceedings continue

    you aren't suing your employer and the employer isn't suing you, a tribunal does not take place in a court of law, and just because a tribunal goes ahead does not mean you will win or lose. even if you win, the award is based on how the case was handled, and if the employee was at fault the award may be low or nothing

    you should speak to acas for professional and experienced advice, but bear in mind acas are not employment lawyers

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    Re: Tribunal hearing

    All the best.
    Deo Adjuvante non Timendum

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    Re: Tribunal hearing

    I'm in a bit of a pickle at the min,As the story above goes i resigned blah blah but they offered me my job back and i took it due to the climate while i found something else...

    Thing is i've only been back a few days and well erm i have a new job and need to resign again I just don't know when to do it.My now new employees it seems are going to ask my old(But still) employer for a ref now i don't know if i should stick to two jobs for a bit so i get a nice ref even though they must of guessed i'm going or just reresign and see what the outcome is

    They can't really say anything bad about me apart from me quitting but i don't want to lose my new job because they give me a bad ref because i'm off again so fast

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    Re: Tribunal hearing

    Quote Originally Posted by BlueRiband View Post
    They can't really say anything bad about me apart from me quitting but i don't want to lose my new job because they give me a bad ref because i'm off again so fast
    From my limited understanding, your current employer cannot legally can't give you a bad reference. They can decline to comment other than confirming the period you worked for them and your position but they can't say anything negative. However, failing to be open and honest with your new employer may cause them to conclude the worst. Just explain the situation to your new employer and if they don't understand, maybe they're not the right people to work for either?

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    Re: Tribunal hearing

    Quote Originally Posted by Bugbait View Post
    From my limited understanding, your current employer cannot legally can't give you a bad reference. They can decline to comment other than confirming the period you worked for them and your position but they can't say anything negative. However, failing to be open and honest with your new employer may cause them to conclude the worst. Just explain the situation to your new employer and if they don't understand, maybe they're not the right people to work for either?
    that's a popular misconception. the law doesn't say you can't give a bad reference, it says you must give an honest reference, so if someone has been bad, you could give a bad reference if it was accurate. the only comeback an employee has in comeback is to sue to defamation of character, which is a PITA so few will bother, but in practice most employers will simply refuse to give a reference (as they aren't required by law to have to give one in the first place), or give a basic reference only confirming employment dates etc, with no mention of performance. many employers will only give a basic reference as standard, as this avoids any comebacks

    you just have to watch out for employers who don't know or don't care about the law, and may maliciously give a bad reference because they were annoyed about an employee. in practice this is probably rare and only a small sized employer would perhaps do this. if you treat your employer fairly, they will usually treat you fairly in return

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    Re: Tribunal hearing

    Well can my new employer like sack me for a bad refence? I have already been given the job and start later today

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    Re: Tribunal hearing

    Quote Originally Posted by BlueRiband View Post
    Well can my new employer like sack me for a bad refence? I have already been given the job and start later today
    They certainly can.
    In the first 3 months of employment, unless there is a form of discrimination involved, the employer can get rid of you without giving reason.

    The sticking point you have, is that your former employer, on a reference, is well within their rights to state you took them to tribunal. As UNI stated, as long as only facts are stated on a reference, they can be submitted.

    Regardless of whether you won or lost your case, most new employers would view you as some kind of trouble maker.

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    Re: Tribunal hearing

    No it never went asfar as the thread title says,I didn't even suggust to them i was going to i was just offered my job back (But only because they have noone else) and now i have a new job and need out asap.

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    Re: Tribunal hearing

    I thought if you'd be employed a month, they had to give you a weeks notice?
    throw new ArgumentException (String, String, Exception)

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    Re: Tribunal hearing

    I have been back 3 days

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