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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44875
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hello, i was dismissed from work in 2010 for insurbodination

Customer Question

hello, i was dismissed from work in 2010 for insurbodination and displaying violent and agressive behaviour at work, but that wasnt the case. i took the company to the ET for unfair dismissal and discrimination. i lost due to bad representation from the lawyer i had, even though i had evidence to back up my claim and also the respondent manipulated some documents to their favour.
The ET judges critisized my legal representation, that even though he was very brief, he had the opportunity to cross examine the respondent on the evidence we had, but didnt and any evidence that is unchallenged is no evidence. i appealed to the EAT but it was thrown out that it had no chance of winning.
After my case another colleague of mine was sacked by the same company and it was found out that the company manipulated some documents to favour a white colleague over another black colleague, in order to retain the white person. The ET found that the company discriminated against the colleague and also was unfairly dismissed.

The respondent applied for cost against me in order to use me as an example to stop other people trying to sue them at the ET. i went now without any representation and once again told the same ET juges that heard my claim that they were making an error of law in throwing my claim out due to bad representation and also refered them to the recent finiding by another ET on the fraudlent practises of the respondent against another colleague.
The ET told me that they can not refer to another judgement made by another ET but if tt was from the EAT, then they would. they ruled in the respondents favour and stated that i brought a case that has no merit of winning because it was misconcieved and i was told to pay the comapny £12,000.

i dont know which way to turn to now to turn this perverse injustice.
i have the following to help my case
1. evidence from witness when the said aggression took place that all stated i was never aggressive but management chose to believe the manager
2. original recording of investigation and the transcript, of the manager into the incident and he admited that i wasnt insubordinate and aggressive( but the company brought another version which was maipulated to suit them.
3. recording and transcript of the HR laughing and stating that she was going to milk my state of been aggressive.(same HR was involved in changingand lowering a black colleagues's score and remarks and increasing a white colleagues score and remark so that the white would be retained and the black one sacked.
4. e-mail conversation of the HR joking when i lost the case, that my bad representation was my problem and it was to their own advantage and that i had a good case,
5. e-mail conversation of the respondent and the lawyer advising them on how to use the term typografical error to cover up their mistakes and accounts of incidents.

please i would like to know what someone in my position should do. i am already in debt because of these claim and seeking a redress to this injustice whats on my mind. do i apply to the High courts or court of appeal or take this issue to the papers? pls help
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. When was the decision made in your case?

JACUSTOMER-z24r3cvd- :

the decision was made in 2012 by the ET and the cost issue was made on the 27th of jan 14

JACUSTOMER-z24r3cvd- :

did you get my reply?

JACUSTOMER-z24r3cvd- :

my name is Ricky

Ben Jones :

hi, when the decision for the costs was issued were you told of your rights to appeal?

JACUSTOMER-z24r3cvd- :

no

JACUSTOMER-z24r3cvd- :

i was only told that a decision would be sent to my house address

JACUSTOMER-z24r3cvd- :

meant judgement

Ben Jones :

well you are too late to appeal the ET judgment from 202 because you only get around 42 days to make an appeal to the EAT for this so you are now considerably out of time. So the only issue is whether you can appeal the costs order. I just need to check if there are any specific rules on doing that

JACUSTOMER-z24r3cvd- :

i stated that i appealed to the EAT but the appeal was also thrown out because the EAT just stated that the prospect of winning the claim was low. dont even know if they checked the evidence that was provided. also it was after i appealed that the respondent also lost another case where it was found out that they manipulated documents

Ben Jones :

If the EAT appeal was thrown out there is little that can be done to pursue that so you need to contact the ET that issued the costs order to formally challenge it with them. Challenging cost is not a matter to take to the EAT, there you only appeal on a point of law

JACUSTOMER-z24r3cvd- :

so are you trying to say that even if a decision was perverse in nature and there is evidence to prove it, and that once a judgement is made by the ET and EAT, even if new evidence came to light that the respondent sacked someone unfairly, that the ealier decision still holds? is there no higher court to seek remedy from?

Ben Jones :

there are ways to plead but the main resource I am trying to access to get the relevant rues appears t be down at present so cannot access it to give you the relevant information. To save you waiting I will open this quesiton up to all other exerts so if someone can assist they will also pick it up and help you

JACUSTOMER-z24r3cvd- :

k

Ben Jones :

thanks

JACUSTOMER-z24r3cvd- :

thank you

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