Gross Misconduct - advice ladies n gents

[k979aaa]

The person could be reinstated or have up to two years severance pay as to what they charge depends upon the case and if royalmail was at fault they would foot the bill as justice is paid for by the non wining party unless they get legal aid!.

Where did you get this information from?
Could you provide some evidence of your opinion?
My opinion is you would pay an employment solicitor £185 per hour for a £10,000 award in compensation.
As for legal aid I am not sure.
No win no fee are not interested because employment tribunals do not award costs to the other side.

The fact is justice costs but you can claim back if you win if you lose it could cost big time as for legal aid if you have an injury whether physical or mental that was the fault of others through CRIMINAL ACTIONS and could not afford legal redress you could get help with costs!.

[La Poste]

The fact is justice costs but you can claim back if you win if you lose it could cost big time as for legal aid if you have an injury whether physical or mental that was the fault of others through CRIMINAL ACTIONS and could not afford legal redress you could get help with costs!.

You obviously don't know anything about employmant tribunals.

[k979aaa]

The fact is justice costs but you can claim back if you win if you lose it could cost big time as for legal aid if you have an injury whether physical or mental that was the fault of others through CRIMINAL ACTIONS and could not afford legal redress you could get help with costs!.

You obviously don't know anything about employmant tribunals.

Say what you want it is the law.

[La Poste]

Say what you want it is the law.

But you've produced no proof, only your own opinion.
To make something stick in law you need evidence so where is your evidence?

[k979aaa]

http://www.lawsociety.org.uk/home.law" onclick="window.open(this.href);return false;

[La Poste]

http://www.lawsociety.org.uk/home.law

That's just a general page with no specific subject. Point me to the area of law that you base your claims on.
Have you evidence of a past employment tribunal case where costs have been awarded to the other side?
Please post a link.

[k979aaa]

http://www.lapg.co.uk/" onclick="window.open(this.href);return false;

[La Poste]

http://www.lapg.co.uk/

That's just advertising, it doesn't mean anything.
It might make someone feel good reading it but it's not evidence.

[k979aaa]

http://www.lawsociety.org.uk/home.law

That's just a general page with no specific subject. Point me to the area of law that you base your claims on.
Have you evidence of a past employment tribunal case where costs have been awarded to the other side?
Please post a link.

The thing is i dont have the time and if every one had to pay the cost of a solicitor/barrister and have to pay the costs no one would ever take anything to court by the way the low pay commission as it was took many employers to court and won and those people are on far less than you do your own work earn your own work many on here have won against the odds!.

[stokes11eg]

And what is the Union saying about all this? I would point out to the Management that making unfouded and false allegations is a complete no-no. Put it in writing, and give to him. Get him to state in writing, just why he has come to this line of reasoning.He has to prove on what grounds he has come to these conclusions.And, yes, i would go to a solicitor, there are a few who do pro-bono work, and this I think would be a dream come true for them!
Very good luck.

[stokes11eg]

P.S if you can send a copy of your letter to a local paper, preferably one with a legal page!

[La Poste]

.And, yes, i would go to a solicitor, there are a few who do pro-bono work, and this I think would be a dream come true for them!

There's no money in unfair dismissal cases for solicitors, they can't claim back fees from the other side. Am I the only one that knows this?
Personal injury yes, employment tribunals no.
At an employment tribunal you will be expected to pay for your own defence, the idea of justice for all comes from the fact that the opposite side cannot claim fees from you and you can't claim fees from them.
This is why RM don't want to go to a tribunal, they can't claim fees back from you and this is why solicitors want money up front from you because they can't claim fees from RM.
Employment tribunals are different, they are not like other courts.

[stokes11eg]

.And, yes, i would go to a solicitor, there are a few who do pro-bono work, and this I think would be a dream come true for them!

There's no money in unfair dismissal cases for solicitors, they can't claim back fees from the other side. Am I the only one that knows this?
Personal injury yes, employment tribunals no.
At an employment tribunal you will be expected to pay for your own defence, the idea of justice for all comes from the fact that the opposite side cannot claim fees from you and you can't claim fees from them.
This is why RM don't want to go to a tribunal, they can't claim fees back from you and this is why solicitors want money up front from you because they can't claim fees from RM.
Employment tribunals are different, they are not like other courts.

Yes, but the allegations made by this Manager could be taken through the civil courts--it's not always about money,--also if this was the way this chap always handled the Yorks, and it was allowed to go on, the Manager is guilty by default, allowing what he now sees as a dangerous practise to go on.

[La Poste]

also if this was the way this chap always handled the Yorks, and it was allowed to go on, the Manager is guilty by default, allowing what he now sees as a dangerous practise to go on.

IMO if you can get management on anything health and safety related then you really have got them by the balls.

[La Poste]

13 GROSS MISCONDUCT

Some types of behaviour are so serious and so unacceptable, if proved, as to warrant dismissal without notice (summary dismissal) or pay in lieu of notice. It is not possible to construct a definitive list of what constitutes gross misconduct, and in any event all cases will be dealt with on their merits. However, the following examples show some types of behaviour which in certain circumstances could be judged to be gross misconduct.

 Theft
 Violence
 Harassment and bullying
 Abusive behaviour to customers
 Wilful Delay of mail
 Deliberate disregard of health, safety and security procedures or instructions
 Unauthorised entry to computer records
 Criminal acts against the Post Office or its employees
 Interfering with a witness to a Bullying & Harassment procedure case

http://66.102.9.132/search?q=cache:1igt ... =firefox-a

I wonder which one of the above applies to your friend. These are the definitions of gross misconduct taken from Royal mails conduct code.

Also taken from the same link:

In normal circumstances suspension will only be carried out by a unit manager, such as a Shift Manager or Delivery Office Manager. Also POSIS can suspend employees on the authority of an appropriate manager. However, there are times when a manager other than the Unit Manager may have to act quickly, for example in cases of drunkenness or violent behaviour. Where possible the relevant senior manager will be consulted first, and in all cases suspension should be reported immediately to senior management - if necessary by telephone at home.