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Thread: Employer has lied during tribunal.

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  1. #1
    jumpfer's Avatar

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    Default Employer has lied during tribunal.

    Any help would be greatly received.

    I am a fifty year old that has worked 32 years with only a few weeks break at most between jobs.

    Back in February/March this year, I had a lump that was investigated by the NHS. I was advised it could possibly be cancer and I discussed it with my employer.

    In April I received the letter from the NHS of the surgery at the end of April. Four days after giving my employer a copy of the letter, I received a termination of contract with the minimum notice. I only found out a couple of months later that Cancer is classed as a disability in employment law. I emailed the ex-employer concerned about the situation and I got a massively snotty email in response. So I quickly arranged a "no win no fee" solicitor to start the tribunal claim within the deadline. I would rather have found a decent local solicitor but due to my finances, I could not.

    In response to the claim, the ex-employer has stated that cancer had not been discussed. Unfortunately for them, their snotty email back to me admitted cancer had been discussed. They went on to say they offered me another post within the organisation. This other post was offered as a last minute afterthought at the meeting on almost half the money and a much lower level position.

    It was cancer and between the surgeries, NHS meetings and treatments, I have been applying for jobs, 200+ now without any luck.

    My "no win no fee" solicitor now has said to me, because they offered me another post, I wont get hardly anything from this case and it will be a long slog. Ex-employer has offered £500 for me to "go away".

    So I am now facing financial ruin having not worked for six months. I want to concentrate on getting better, but the financial worries are affecting my health. Still have a radioactive treatment remaining which means five odd hospital visits in September.

    I really don't know where to go from here.Any help would be greatly received.

  2. #2
    Ula's Avatar

    JustBeagle Admin



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    Default Re: Employer has lied during tribunal.

    Did you have more than 2 years service with your ex-employer? Just need to determine what they should have done in terms of process before terminating your contract.
    Although you have a solicitor on board have you spoken with ACAS?
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  3. #3
    jumpfer's Avatar

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    Default Re: Employer has lied during tribunal.

    Hi

    I had been working for the company three months. I thought this invalidated any claim but ACAS assured me it didn't in discrimination cases.

    Thanks for your help.

    Regards

  4. #4
    Ula's Avatar

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    Default Re: Employer has lied during tribunal.

    ACAS are working on the fact that under the Equality Act cancer is deemed to be a disability for the purposes of the act. Did you at any point ask your employer to make a "reasonable adjustment" to your working environment to accommodate you still working whilst receiving your treatment?

    At what point did they offer you this other job was it after you had received the letter terminating your contract?
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  5. #5
    jumpfer's Avatar

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    Smile Re: Employer has lied during tribunal.

    Quote Originally Posted by Ula View Post
    ACAS are working on the fact that under the Equality Act cancer is deemed to be a disability for the purposes of the act. Did you at any point ask your employer to make a "reasonable adjustment" to your working environment to accommodate you still working whilst receiving your treatment?

    At what point did they offer you this other job was it after you had received the letter terminating your contract?
    Hi

    With everything going on, I did not want to take on the case myself, but I have done so with help from a lovely local solicitor. Its a firm of solicitors I couldn't possibly afford to take my case on. He confirmed I had a decent claim, so I put form ET1 in yesterday online.

    I had been told by a different solicitor that the employer lying during the consultation period is inadmissible, but I have put it on form ET1 and leave to the powers that be to disregard it, if they wish.

    As the claim progresses, I may have other questions though.

    Thanks for your help.

  6. #6
    Ula's Avatar

    JustBeagle Admin



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    Default Re: Employer has lied during tribunal.

    Thank you for the update.

    There will be a bit of a lull in the process - the tribunal will consider the claim and if the claim is accepted then the Tribunal will send the claim form together with the form (ET3) they need to respond on to your ex-employer. They will have to respond back to the tribunal office within 28 days of the date that the copy of the claim form was sent by the Tribunal.

    Please come back to us as the claim progresses if you need help and we will try as best we can to support you through this process.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  7. #7
    jumpfer's Avatar

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    Default Re: Employer has lied during tribunal.

    Thanks again.

    Mark

  8. #8
    Leigh6873's Avatar

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    Default Re: Employer has lied during tribunal.

    You sound like alot of us employees i had no clue when i started and have nearly caused another breakdown during tribunal process the biggest hurdle for me is getting them to understand my claim in the way they mean with no one saying if its rite or wrong .Iv learned alot about employment law and just when i think its clicked another rule pops up. Gud luck

  9. #9
    ETFarce's Avatar

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    Default Re: Employer has lied during tribunal.

    I knew my employer was lying at my tribunal but i didnt have any evidence to prove it (they had no evidence to support their statements either). The judge simply took their word over mine. Their lies were the difference between winning and losing the tribunal.

    I now have all the evidence i need to show they lied but the time limits to appeal have long gone and no one is interested that they lied in court or in correcting this wrong doing.

    Good luck

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