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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4784
Experience:  Owner at James Bruce Solicitors
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Anyone online? Essex ,England, Acas negotiation ongoing but

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Hi there... anyone online?
JA: Where is this? It matters because laws vary by location.
Customer: Essex ,England
JA: What steps have been taken so far?
Customer: Acas negotiation ongoing but most likely going to have to go employment tribunal
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Legal aid has agreed to give aid with legal cost but the nearest law farms they gave are still quite far and I need face to face as I'm not very good hearing/understanding over the phone, need lipreading...

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

How exactly may I assist?

Customer: replied 15 days ago.
This might not be the best time to ask too many questions but basically I need legal advice to decide if I settle with my former employer or take them to employment tribunal.... they has dismissed me on gross misconduct charge and then next day offered £900 and job reference through Acas negotiation

Unfortunately, I can only offer general advice to your question, not personal case specific as I do-not have full case knowledge.

Ultimately, the decision whether to accept an offer form the employer is only on you can make.

To cut to the chase, you know if what the employer dismissed you for is correct or not, meaning you personally know if you dod actually do wrong.

Therefore, are you willing to settle for what they offer, or do you wish to pursue the matter to a full tribunal hearing that you may or may not win.

Granted if you win a case at tribunal you should be awarded more than £900?
The choice is yours.

Can I assist or clarify anything further?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 15 days ago.
To be honest I'm aching to take them to tribunal and more than happy to discuss about what they deemed as gross misconduct. The case they built against me has every characteristics of enterprise level preemptive dismissal of an employee to limit his ability to gather informations for his own pending legal action against the organisation and to discredit my case as disgruntled former employee's case before it even began. I was about to take legal action that would have forced the company to recognise and respect its legal responsibility towards the multiple self-isolations for covid-19. You might find it surprising to learn the company we are talking about here is a senior care chain company of around 60 homes under its administration and thousands of clinically vulnerable advanced age residents. One would have thought they would be at the forefront of following covid isolation rules.... ####!!!!! WRONG !!### when was the last time you heard of a dismissal of an employee out of over a thousand, a dismissal based on the case that doesn't involve criminal actions, customers, local authorities or even other employees involved... They instructed to take 3 pictures of me apparently resting or sleepy on chair and table in the middle of the night and called it gross misconduct and fired even after I have provided materials that proved the case was a built-upon-instruction-case. Anyway what I need to know here is can I use the email,text correspondences and materials that are parts of the disciplinary process in tribunal... ?

If you have that material which you wish to use as evidence at a tribunal, then yes you should be able to use it. If you go to tribunal you would produce your documents as an evidencial bundle. You would also disclose this to the other side. Thee tribunal would then decide what evidence to allow or not.

Customer: replied 15 days ago.
Although my materials that includes printing machine logs, annual leave form, internal correspondence with me in paper , texts, emails , eyewitness testimonials, photograph of interior building structure and furniture are enough to convince the judges who decide on balance of probability , I'd also be able to convince the judges who decide on proof beyond any reasonable doubts if I can get my hands on the company's properties like mandatory fire-emergency sign-ins , my staff-folder and subpoena one or two current employees...
Is it too much? Don't want to be seen like shelling with a cannon to a bird but after I turned the things around of the night shift from a shift that management send staffs as punitive measures to a shift management struggles to fulfill contract hours for the first time since their founding , this is the thanks I got? I feel I need to expose their borderline- criminal-behaviour beyond any reasonable doubt. Can the tribunal summon individuals and ask for the log records from a private limited company?

You need to to gather you evidence, or show proof why something is needed.

You will not be allowed to go of a fishing trip to go looking for things.

Sometimes it is better to just cut your loss and move on.

if they are committing criminal acts, the tribunal is not the place to sort that. They are only interested in whether your dismissal was correct or not, nothing else.

if the employer is committing offences, torpor they that to the Police, Health and safety executive, CQC etc.

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