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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I lost an employment tribunal claim in June 2015 for

Resolved Question:

Hello
I lost an employment tribunal claim in June 2015 for dismissal due to whistleblowing because the small business employer was so desperate to gag me that it paid £200,000.00 in legal fees, ruthlessly made up serious false allegations about me of sexual inappropriate behaviour (not until after my dismissal when I advised of legal action) and all its witness statements were made up and by those persons engaged in the fraud that I had uncovered.
The conduct of my employer, especially the false sexual allegations, crippled my mental health to the extent that the hearing was delayed for a year. Along with suicidal tendencies, including one attempt, I am now unemployable because of the effect of my employers actions on my mental health. My employer previously knew of my anxiety condition and that I was taking medication during the employment and I believe that the employer deliberately attempted to undermine my mental health. I have a copy of an email between the managing director and an HR representative that was produced within an hour of advising that I would be going to the Employment Tribunal that reads “I have a plan for this guy”.
I lost the Tribunal case largely because of the lies of my employer and because I was a litigant in person and, because of my mental health, could not articulate myself as I would have liked to have done. I lost the E.A.T. appeal because there were no real points of law to dispute.
Since all this I have continued to investigate and have documents that show that my employer has lied and has taken steps to cover-up the fraudulent claiming of public money. The police and other authorities are now investigating.
Is there any legal avenue that I can now take with my new evidence?
Can I pursue a claim for personal injury even though the Employment Tribunal ridiculed my assertion that accounts of my sexual inappropriate behaviour were invented without seriously investigating the allegations (two false statements by persons who were not at the hearing were believed simply because they were signed), these allegations being the primary cause of my present mental health condition?
Is there any other avenue open to me to find justice?
Thank you.
Derek
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Do you have a specific question about this?
Customer: replied 1 year ago.
Can I do anything else in respect of the failure of my employment claim?
Can I start a personal injury claim based on the facts I have given?
Customer: replied 1 year ago.
Are you still working on a response?
Customer: replied 1 year ago.
Hello Ben, am I still connected to you?
Expert:  Ben Jones replied 1 year ago.
Hello Derek, apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. In terms of pursuing this via the tribunal route, the options are rather limited. You have already tried the appeal route and that has been rejected. Usually that would bring finality to proceedings and even if new evidence surfaces the tribunals are highly unlikely to allow this to progress. If they did, then it will set a precedent that anyone can continue digging for new evidence and trying to re-open finalised claims, which is not what the justice system intended. Also there is case law which states that in the events of new evidence a review application of the tribunal’s decision is more appropriate than an appeal to the EAT. The issue is that the time limits for a review are even tighter than those for an appeal so you are now going to be out of time to do so. As dismissal claims are tried in the employment tribunal you cannot take this to the county court for example. You can consider a personal injury claim but that won’t be straightforward either to be honest. You must show that the employer had intentionally or negligently done something which had caused you a personal injury and that the damages suffered were reasonably foreseeable. The last requirement may be the challenging part – whilst you could easily shoe that they had made these comments and they were negligently or intentionally there to damage you, the sheer extent of the repercussions may be more difficult to argue as being reasonably foreseeable. Before you consider a claim it may be best to see a solicitor in person about this – there are plenty of personal injury lawyers out there and many can give you an initial free consultation and you may wish to see a few of those to get a wide breadth of opinion before you decide on whether to claim. Also some may offer a no win no fee basis to act for you. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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