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Employment tribunal

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Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Employment tribunal

Post by Jayfin »

After waiting weeks to hear wether the union gods ( legal dept ) would represent me they've decided in their wisdom not to . Even though lower management and union officials can c the mistakes made . I come to the conclusion the higher u go on both sides neither side want to rock the boat . I've paid in over a thousand pounds in union fees for what , no protection , no help , and discarded . Rm made mistakes the vital one being an absence in 2008 and my return to work being done 2-3 months after I returned to work , I put in a grievance that I wanted it backdated , nothing got done about it . This as been overlooked by the union and they haven't fought hard enough to get this backdated . If the return to work was done in a reasonable time I would still be employed and on a stage two . Don't know where to go from here im being harassed from rm solicitors to back out . Via emal letters and phone calls and ice tried to get the relevant documents from rm and as off yet know documents . My manager told me off record that I had a good case because they can't provide all the info I need .
hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: Employment tribunal

Post by hantsman »

Jayfin wrote:After waiting weeks to hear wether the union gods ( legal dept ) would represent me they've decided in their wisdom not to . Even though lower management and union officials can c the mistakes made . I come to the conclusion the higher u go on both sides neither side want to rock the boat . I've paid in over a thousand pounds in union fees for what , no protection , no help , and discarded . Rm made mistakes the vital one being an absence in 2008 and my return to work being done 2-3 months after I returned to work , I put in a grievance that I wanted it backdated , nothing got done about it . This as been overlooked by the union and they haven't fought hard enough to get this backdated . If the return to work was done in a reasonable time I would still be employed and on a stage two . Don't know where to go from here im being harassed from rm solicitors to back out . Via emal letters and phone calls and ice tried to get the relevant documents from rm and as off yet know documents . My manager told me off record that I had a good case because they can't provide all the info I need .
Pay £10 and put in an SAR request.
doyourd2d
Posts: 37
Joined: 01 Feb 2011, 21:02
Gender: Male

Re: Employment tribunal

Post by doyourd2d »

What is an sar request
TrueBlueTerrier
FORUM ADMINISTRATOR
Posts: 72719
Joined: 30 Dec 2006, 10:29
Gender: Male
Location: On my couch

Re: Employment tribunal

Post by TrueBlueTerrier »

doyourd2d wrote:What is an sar request
Subject access request (Data Protection Act)

Under the Data Protection Act, individuals can ask to see the information about themselves that is held on computer and in some paper records. If an individual wants to exercise this subject access right, they should write to the person or organisation that they believe is processing the data.

A subject access request must be made in writing and must be accompanied by the appropriate fee. In most cases, the maximum fee will be £10, but this can vary, particularly if the information requested is for health or educational records. If a subject access request is made to a credit reference agency for financial information (ie a credit file), then the fee is £2, and the information must be provided within seven working days. A request must include enough information to enable the person or organisation to whom the subject is writing to satisfy itself as to their identity and to find the information.

A reply must be received within 40 days as long as the necessary fee has been paid. A data controller should act promptly in requesting the fee or any further information necessary to fulfil the request. If a data controller is not processing personal information of which this individual is the data subject, the data controller must reply saying so.

For more information, please see our pages on how to make a subject access request and how to respond to a subject access request.
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keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: Employment tribunal

Post by keithposty »

a SAR or to be correct its a DSAR

DATA SUBJECT ACCESS REQUEST

you should be asking the solicitors for all the emails, letters etc in your case management bundel.
even an employment tribunal needs to abide by the civil proceedure rules

have you requested these docs

who are the solicitors,
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: Employment tribunal

Post by Jayfin »

Hi all , ive requested all rtw , grievance letter , rm health and safety policy , and other docs , weightmans is rm solicitors Keith . Rm have sent me docs which favour them , the docs what highlight there errors I haven't received even though I've requested these three times . I was hoping the union would back me to had some weight . I've heard that they do do this Hoping u back out hence the last post weightmans emailing letters and phonecalls the etc the tone of these messages is we suggest you have been misguided in your case against my clients
Last edited by Jayfin on 03 May 2012, 19:29, edited 1 time in total.
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: Employment tribunal

Post by keithposty »

has weightmans sent you a formal request for the information yet

if this was a civil claim i would use a part 18 request but

has either side exchanged documents yet
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: Employment tribunal

Post by Jayfin »

Yes they have but I'm waiting on docs that r relevant to my side of the case to provide . I've sent them a letter explaining The situation and I've also kept et informed of the situation , I don't know what else I can do but keep requesting the information i need from rm . But there's timescales to meet , I'll speak to the tribunal but I'm not to sure what good will come from that .
hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: Employment tribunal

Post by hantsman »

Jayfin wrote:Yes they have but I'm waiting on docs that r relevant to my side of the case to provide . I've sent them a letter explaining The situation and I've also kept et informed of the situation , I don't know what else I can do but keep requesting the information i need from rm . But there's timescales to meet , I'll speak to the tribunal but I'm not to sure what good will come from that .

Your being very trusting of Weightmans :d'oh!

Send an SAR request in ASAP for everything RM holds on you.
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: Employment tribunal

Post by keithposty »

when does the court bundle need to be in by

you can write to the tribunal and explain that weightmans are holding back but you must also send them a copy of the letter to the tribunal

the court/tribunal will then prob issue an unless order/directions to weightmans to comply but

you need a paper trail now, use recorded delivery in all corresspondants

i would do it by a witness statement myself but a letter signed by a statement of truth should do the trick

if you need help then shout
the flying postman
Posts: 35
Joined: 14 Nov 2011, 11:14
Gender: Male

Post by the flying postman »

:arrrghhh
Last edited by the flying postman on 15 Mar 2014, 17:25, edited 5 times in total.
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: Employment tribunal

Post by General Mannerheim »

They don't even bother sending it to a lawyer now,they send your details down to the legal department who then they send up somebody `who has sat on a tribunal`this of course can mean they send up a bogbrush salesman as he fits the criteria :left: .

Memebers are being short changed because most ordinary grunts think if you have to go the employment tribunal route then as in the past Simpson Millar will be there to help you but have a nasty shock when all they send up is a rep with tribunal experience! :cuppa
How many times have we seen `The union won't represent me`or the union says` I don't have a good enough case` on here lately??

As most of these reps are well known to wankmans as they deal with them all the time :roll: they DON'T have your best interest at heart,making derisory offers to you that they can get you a payment next week if you just settle early :cuppa .
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Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: Employment tribunal

Post by Jayfin »

Thanks for that guys . I will go down the independent route. General you put into words what I was thinking . Union response could have been written by rm management word for word the same as the appeal manager , so yes I do think both sides are in cahoots .
whisperstar24
MAIL CENTRES/PROCESSING
Posts: 173
Joined: 25 Apr 2012, 19:45
Gender: Male

Re: Employment tribunal

Post by whisperstar24 »

i know some coleagues at work who were defended by the union at et.The use of solicitors at et by the union is a myth .Most of the time it is a very senior ex union official at high rank who has had a lot of experience with law that will represent you.Please dont believe that you will have a solicitor in court it rarely happens but the union reps do a very good job most of the time because they know the law just as much as the weightman clowns
Red Robbo
MAIL CENTRES/PROCESSING
Posts: 680
Joined: 31 Jan 2012, 09:23
Gender: Male

Re: Employment tribunal

Post by Red Robbo »

Withdraw before Wankmans sting you for court costs,could be as much as £10k now . :nervous :nervous