Sacked for wilful delay. Tribunal next week - urgent advice

[hantsman]

Sorry for the no news/update. The final decision wont be until April unfortunately so I will be sure to update you all then.

thanks alot

Must admit that does not seem like the normal run of things in an ET. Got my fingers crossed.

[Red Robbo]

Sorry for the no news/update. The final decision wont be until April unfortunately so I will be sure to update you all then.

thanks alot

Beastman did you go to an Employment Tribunal or the Supreme Court ?

[beastman]

Sorry for the no news/update. The final decision wont be until April unfortunately so I will be sure to update you all then.

thanks alot

Beastman did you go to an Employment Tribunal or the Supreme Court ?

yes fun and games. Long story but part of the reason is the tribunal wasn't completed in 2 separate days and an agreement was made to do the final summaries in writing and a final decision will me made without me being there in person. This is good in a way as, if I lose I won't have to be there in person and so receiving that news in writing might be a little less painful.

As a side note the DOM made what I believe to a perjurious statement at the tribunal. He invented a story by saying a colleague who he didn't sack for wilfull day by saying he telephoned the delivery office to tell them he has posted his undelivered mail through a red customer letterbox. Obviously he didn't do any such thing (the mail was bunged in the letterbox on a Saturday and not discovered till the following Monday by the van collector) and there is documented evidence to indicate that as in the DOM's own decision letter to the guy involved it says in black and white he should have contacted the office but didn't! Just a good example of how these managers think they are bulletproof with the BS they come out with and the way they use willful delay as their go to excuse to try and sack someone.

[Red Robbo]

Sorry for the no news/update. The final decision wont be until April unfortunately so I will be sure to update you all then.

thanks alot

Beastman did you go to an Employment Tribunal or the Supreme Court ?

yes fun and games. Long story but part of the reason is the tribunal wasn't completed in 2 separate days and an agreement was made to do the final summaries in writing and a final decision will me made without me being there in person. This is good in a way as, if I lose I won't have to be there in person and so receiving that news in writing might be a little less painful.

As a side note the DOM made what I believe to a perjurious statement at the tribunal. He invented a story by saying a colleague who he didn't sack for wilfull day by saying he telephoned the delivery office to tell them he has posted his undelivered mail through a red customer letterbox. Obviously he didn't do any such thing (the mail was bunged in the letterbox on a Saturday and not discovered till the following Monday by the van collector) and there is documented evidence to indicate that as in the DOM's own decision letter to the guy involved it says in black and white he should have contacted the office but didn't! Just a good example of how these managers think they are bulletproof with the BS they come out with and the way they use willful delay as their go to excuse to try and sack someone.

Sounds like bad judgement from the tribunal for not allocating enough time to finish the hearing on time and if you win your case how will the tribunal judge know how much compensation you want without being there in person ?

[beastman]

Sounds like bad judgement from the tribunal for not allocating enough time to finish the hearing on time and if you win your case how will the tribunal judge know how much compensation you want without being there in person ?

We would all have to go back to sort that out, which is fine by me. Yes I agree it took too long. Didn't help that I had the DOM in the dock for about 3 hours!

[parcelboy]

I would say if you worked your full 5/6/8 hrs as per your contract and then an extra 30 mins on top you have been more than reasonable, the mistake you made, not that you need telling, is that you failed to inform your line manager you may not complete the duty and therefore giving them the problem of getting it covered, having said that it seems very unreasonable as you were on a duty new to you and you worked over anyway.

Good luck, are you in the union? Get your Area Rep to attend your tribunal with you and plead your case, it all seems very unfair to me but hey, what the hell do I know!

Tell them you tried to call in on the day but there was no answer from the office, worth a shot!!!

if they delivered the mail when you took it back its not been "WILFULY DELAYED" wheres the evidence oooops! they delivered it same day go find a good solicitor

[flaminmoses]

Any news mate?

[beastman]

Any news mate?

no thanks for asking. I waiting for something in the post. Didn't see the point in calling them. Assuming there were no delays in the tribunal on Wednesday, I would expect something in the post tomorrow or Monday at the latest (mind you when in done this way I don't know how long they take to respond so I'm just guessing)
....of course there could be a delay in the post

[flaminmoses]

Good luck anyways
think my case could have a similar result to yours

[hantsman]

Fingers crossed but still no news!

[beastman]

Fingers crossed but still no news!

thanks man. Yeah its like waiting for death this.

[flaminmoses]

take it they have had the final sitting??

[beastman]

take it they have had the final sitting??

Yes that was the 10th April I rang them up to ask how long it would take and they said "we are supposed to reply within 28 days!".
Obviously I was not told any of this when agreed to have the concluding submissions done in writing as I assumed the response would be within a few working days.
I can understand them being busy but that waiting this long is just daft.

Edit...said March should have been April!

[krussel]

This is going on much too long, Its a bad joke

Chin up mate, hope it works out.

[beastman]

Well gents bad news. I've lost my tribunal. I'm not surprised really but obviously feel well stitched up.

I'm going to ask for a review and I can try for an appeal but realistically without a solicitor I've got no chance. I think had I had one first time round and had the full union support (a the union rep backing me as a witness) my chances of winning would have gone up big time.

Find it crazy that the main witness lied at the tribunal and they haven't addressed it at all in their response. It seems employers do this alot and get away with it. The thing is the lie is clear in black and white, in actual documentation! On top of this the tribunal said they felt on balance that RM's evidence was more honest!

At least gave it a dam good go. Thanks for all your help and messages of support.