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Nicola-mod
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Category: Employment Law
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I had my tribunal hearing for unfair dismissal it was based

Customer Question

I had my tribunal hearing for unfair dismissal it was based on IT technical evidence but respondent IT expert report was not supportive evidence and was untruthful and respondent IT expert not an qualified filed IT expert to provide and IT expert report based on that Judge took decision to favour respondent but my forensic expert found out the contains of respondent IT expert was not supportive evidence and was untruthful Therefore I need to go for professional misconduct against respondent how do I do that and how do I prepare for it ? also respondent did set up a forge employment contact on my name by putting some ones signature I need to take action that forge paper preparation too?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you have a specific question?

Ben Jones :

When was the tribunal decision by the way?

JACUSTOMER-y4iqtpwc- :

3 rd 4th of this month

Ben Jones :

What is the professional misconduct you are claiming?

JACUSTOMER-y4iqtpwc- :

regards to my case respondent IT expert has given an IT expert report as evidence against me, but respondent provided IT expert report was not sportive evidence and it was untruthful not only that person who pretended as an It expert he was not an IT expert.

Ben Jones :

ok but this is not professional misconduct, it is not a claim you can make against them for that, if there were issues with the contents of the statement it is something that should have been brought up at tribunal. Now that a decision has been made all you can do is consider appealing to the Appeals Tribunal but this is not easy. You can only appeal on an error of law (not the case here), no evidence to support finding of fact (possibly but it will be weak because there was evidence and if you did not agree with it then you should have challenged it at tribunal) or if the tribunal's decision was perverse (very rarely used).

Ben Jones :

As to the forged contract, this could be a criminal issue (perjury) but the police are unlikely to take this further unless it was a complaint made by a Judge, so you can bring this to the tribunal's attention and hope they agree and that they formally involve the police

JACUSTOMER-y4iqtpwc- :

last preliminary case heard on 26/09/13 at that hearing I provided my forensic expert report that time tribunal allowed to bundle and judge given chance to respondent to comment my expert report with orders but respondent didn't comply the orders after thee month later respondent requested from court to reply against my expert report and add a new expert evidence on 18/01/13, tribunal allowed ignoring the the orders after that my expert commented against new respondent IT expert report as it again false and flaws the statement. in the hearing day new judge said he is not consider My It expert report or other IT related evidence because he only consider whether internal process done or not correctly therefore judge wrong interpretation to give decision. previous judge clearly mention he needs to find truth of this expert report but it didn't happen

JACUSTOMER-y4iqtpwc- :

event internal process was totally different each other up to appeal example was investigation manager wrongly conducted the meeting and did not capture the all communication by respondent note taker and then i mentioned at disciplinary he conducted the meeting based on wrong It interpretation him self and untruthful IT expert report, then after that I went to Appeal he conducted the meeting how he wants and his own interpretation and his note taker has not written down what I said there for I and union rep didn't sign the notes.

JACUSTOMER-y4iqtpwc- :

my question is, if new judge only considering the internal process those three stages were completely diffidence and I haven't sign the notes of appeal meeting as it not truth what we spoke majorly even I didn't get all evidence up to appeal

JACUSTOMER-y4iqtpwc- :

in that case was that internal process acceptable to get conclusion and come to belief ?

JACUSTOMER-y4iqtpwc- :

Hello

Ben Jones :

ok I won't be able to continue with this query as it is getting more detailed than what we would normally deal with on here, especially considering the fee so I will open it up to other experts to deal with if they can. No need to respond - they have your information

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Yes I am waiting some one to answer my questions at least employment I had discuss with your one of expert about criminal matter I am not satisfy at all the answer has given me,

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Nicola

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