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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53702
Experience:  Qualified Employment Solicitor
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How does purgery in an employment tribunal affect the judges

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How does purgery in an employment tribunal affect the judges decision

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please can you provide some background information?

Customer: replied 8 months ago.
In court the respondent said they telephoned me every day to confirm the hours I worked for them. They did not.i have got all telephone records to prove this. I think they were trying to show that they needed to verify my shifts before paying me because they would not pay me for other shifts i had worked (not for the same manager)without a paper trail. He lied to show it was not deliberate. We have evidence that the company paid another employee with no paper trail or verification but deliberately withheld mine.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Thank you. Lying in court is nothing new – it happens all the time. Some people get away with, others do not. Perjury is not easy to follow through with – to be guilty you have to show that the person accused of it had made a wilful false statement under oath, knowing it was untrue, and that this information was material to the proceedings, meaning it would have affected the overall outcome of the case. It is a criminal matter and as such it is for the criminal courts to enforce – not for the tribunal to deal with. However, if you lost the case and are going to appeal, you could potentially try and rely on this to undermine any other evidence by the respondent and it could potentially result in a re-hearing.

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Customer: replied 8 months ago.
The judge has reopened the case as we won our wages but because it was not deliberate unexplained and repeated we lost automatic unfair dismissal. Could I potentially win if I could prove it was deliberate with the lie. Does being deliberate affect the outcome.

it has to be deliberate to be perjury and to be treated seriously. If it was an honest error or confusion then it is unlikely to be treated that seriously. Also there will be difficulty in proving it was done deliberately. So whilst you could potentially win if it was proven to be deliberate. the difficulty lies with proving that in the first place

Customer: replied 8 months ago.
Once the purgery has been established can we request that the people who have lied not be allowed into the next 3 cases pending where they will be witnesses

you can ask but the tribunal decides whether to action that or not.

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