employment tribunals

[sharonbar]

they can give me 15 grand i dont know what to do if i win my appeal do i still take them to a tribunal

[La Poste]

they can give me 15 grand i dont know what to do if i win my appeal do i still take them to a tribunal

Depends, if you get your job back and you have not been paid back all the money owed to you for instance you have not been paid back overtime that you were listed to do then yes.
If you get your job back and are happy that all monies owed to you are paid then no.
As far as I am aware.

[sharonbar]

i think all the stress that they cause people its not alot ive got to get throug xmas with no money an a mortgage to pay an shity little gifts for my kids

[La Poste]

i think all the stress that they cause people its not alot ive got to get throug xmas with no money an a mortgage to pay an shity little gifts for my kids

Aye, they certainly are heartless bastards, if the RM has shown me one thing in the 12 years I've been there it's how horrible people can be to each other.

[hantsman]

i think all the stress that they cause people its not alot ive got to get throug xmas with no money an a mortgage to pay an shity little gifts for my kids

Have you signed on? Ie claiming job seekers allowance?

[sharonbar]

can i get job seekers allowance when your sacked

[La Poste]

Back to tribunals.
On the one hand you have RM being able to sack someone and only have to worry about a max £15000 bill.
On the other you have the bad publicity angle.
If you are sacked and re-instated, the bad publicity this generates is not in RM's interest so they try to avoid it.
The appeals manager will have to take all this into consideration, infact this is probably what guides the manager most, not there being a fair hearing but can we win this at tribunal.
I have been told by the union to put an ET1 form in before an appeal as this can "concentrate the appeal managers mind".

[norbert]

can i get job seekers allowance when your sacked

AFAIK you can get JSA BUT the Social can put a sanction on it if you've been sacked for gross misconduct - so all the more reason to put the pressure on RM as a Tribunal Application will support your social claim & the Social may have to hold fire on putting a sanction on .

AFAIK The Social will do inquires and they'll try and trip you up as they're under pressure from on high just like those RM managers & the system will be equally as or more regimented and inflexible as RM's AND RM will play dirty in what they say to the Social as everything is purely to impress another manager - all this everybody singing from the same hymn sheet malarky .

Don't fall for that nice cop act from the Appeals Manager that's just to soften you up , there's a plant on the fluffy forum that admits RM can't go against their own except in certain circumstances , IMO the only way he can wriggle out of it is throw a junior manager to the wolves . If a manager can't make something stick he'll be disciplined . It's a vicious system and nobody is immune .

You can't take on RM half cocked or if you're scared so get appropriate advice ASAP . It's just a game to RM and it will be , act like a amateur and you'll get treated like a amateur . Call RM's bluff and double bluff if necessary , question , challenge and contradict everything they say and do - i.e . if they tell you it's Sunday tomorrow - check the calendar .

[La Poste]

there's a plant on the fluffy forum.

What does this mean mate?

[norbert]

there's a plant on the fluffy forum.

What does this mean mate?

Postman Chat - it was anti strike and pro RM in 2007

[Martin Walsh]

Sharron you have to wait till the outcome of the internal appeal as that will be one aspect of what the tribunal will consider as evidence and you or your chosen person who is going to represnt you at the ET will have the opportunity to cross examine the dismissing manager and the appeals managers.

However you can submit your tribunal application now and you should seek assitance from your Branch. At the same time you can apply via your branch for the union to provide reprsentation on your behalf at the tribunal. This is not a guarantee that you will have repesentation it will depend if your case in the view of the CWU tribunal has a better than 50% chance of success.

Now if you win your appeal and get your job back you cannot go to the tribunal unless your case is also on the grounds of sexual , race or disablity.

Now I would ingnore all advice on what you could recieve as it will depend on first and foremost on whether Royal Mail can demonstrate that its a fair and reasonable decision to dismiss it is them who have to convince that they have dimissed fairly. If you did win then the tribunal will decide whether you contributed to your dismissal , if it did it would reduce the comphensation by the amount it thought you were responsibile ie if they thought you had contributed by 50 % then it would reduce your comphensation by 50%.

If you overcame the above then it would depend if in the meantime from dismissal to the date of the tribunal what loss of earnings you have had plus it would deduct any benifits you have claimed in this period over and above your normal claims. Of course it would also depend if you wanted reinstatement or rengagement.

But in the meantime contact your Branch , and good luck.

[La Poste]

Good advice Dingo.
Have you any knowledge on how many cases RM have lost and if they lose does the person get re-instated or do RM fight against it and offer compensation.
Cheers.

[sharonbar]

thanks for that advice dingo

[La Poste]

I think out of all the things I've found out about tribunals, the most important is this ( I could be wrong)

The tribunal is unlikely to make you pay your employer’s costs for defending (arguing against) your claim even if you lose. Similarly, if you win, the tribunal is unlikely to make your employer pay your costs for bringing the claim (such as the cost of copying documents or getting the advice of a solicitor). You should be prepared to pay these costs yourself.

It means you can have a go at RM without the fear of getting hit for thousands in legal bills.
Gives you breathing space and time to think about how you will present it.
Even if you do it on your own which I'm sure would be very intimidating you can still have a go.
Does anyone know if you can sit and view tribunals as a public guest.
Cheers.
And one more thing, if you submit an ET1 form before your appeal, does that mean RM could read it and then find out what reasons you have for giving it in, they could use this bit of evidence through their appeal manager to plug the loopholes in their own case.
Definately more research needed.

[looking in]

I think out of all the things I've found out about tribunals, the most important is this ( I could be wrong)

The tribunal is unlikely to make you pay your employer’s costs for defending (arguing against) your claim even if you lose. Similarly, if you win, the tribunal is unlikely to make your employer pay your costs for bringing the claim (such as the cost of copying documents or getting the advice of a solicitor). You should be prepared to pay these costs yourself.

It means you can have a go at RM without the fear of getting hit for thousands in legal bills.
Gives you breathing space and time to think about how you will present it.
Even if you do it on your own which I'm sure would be very intimidating you can still have a go.
Does anyone know if you can sit and view tribunals as a public guest.
Cheers.
And one more thing, if you submit an ET1 form before your appeal, does that mean RM could read it and then find out what reasons you have for giving it in, they could use this bit of evidence through their appeal manager to plug the loopholes in their own case.
Definately more research needed.

great post la poste,very interesting points you put over there,really hope sum1 from the union responds