Ask a Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you actually wish to achieve in this situation?
For some one to get sacked for gross misconduct and for me to be compensated
How long have you worked there for?
And what specific questions would you like me to deal with in this respect?
The recordings are they legal i have been informed they can be used in a tribunal if judge on day allows it. Am I withholding evidence if I don't tell them straight away. If I were to get the most compensation how would I do it. Tribunal or before ?
Yes such recordings may indeed be legally allowed as evidence in a tribunal. The key is that you should not be recording private meetings, which you were not present at and where private issues were discussed, even if they related to you. However, if you were present at the time of the recordings then it would usually be no problem.
You do not have to disclose the recordings now, but if you want to rely on them as evidence in your meetings then you should do. Also, if they are highly incriminating, you may wish to disclose them to assist you in any negotiations before you decide to go to tribunal. It is impossible to predict where you may get better compensation – if you manage to agree a reasonable settlement with the employer then that is at least guaranteed, because if you go to tribunal there is also a risk you may lose and walk away with nothing.
I was present at the time of all recordings so I will make them aware of them. Ideally I would want the investigation to take place and for all people to lie and then produce the recordings and then threaten a tribunal. Is that underhanded ben ?
No, as long as you do not mislead them in the process, basically just allow them to lie themselves first and then you can challenge them
It is being dealt with by an independindependent manager who will question these people without me so he will or shoukdshould ask did you say these things and if they say no hethen feeds back to me all answers after ten days and his descison is final
if this is a grievance then once a decision is made you have the legal right to appeal
Tribunal. Well thanks for your help Ben drop me your email and I can let you know how I get on if you want or look out for me on the front page of the sun crying into a hanky
Hah, I am sure it won't get to that...you can always come back on this page to post an update, best of luck!
Won't let me Submit a rating
It's a bug you can just type it on here instead, many thanks
Thanks again for advice I have been in touch with acas and they have asked me to get advice on filling in an et1 form. if I go for constructive dismissal would I then lose out on the other cases I have bought up like the sexual harassment?
just to inform you Ben they sent the head of liability to meeting who basically said its all office banter and going to check legality of recordings and they want a copy