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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26816
Experience:  Senior Partner at Berkson Wallace
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Stuart, at a recent employment tribunal hearing where I was

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Stuart, at a recent employment tribunal hearing where I was assisting a close family member who was the claimant;
The judge disallowed a substantial amount of indisputable and what I considered critical evidence, purely on the basis that it referred to (relevant) criminal acts of fraud by her employer the respondent.
Because, the judge said, he had a right to remain silent. While I do understand the concept, surely the claimant's evidence should still have been heard and properly considered, whether the respondent chose to remain silent or not.? It seems very unjust that he could gain unfair advantage over the claimant just because of his criminality.
I am considering an appeal but am unsure of which law would cover it, and whether there is any relevant precident.?
This was not the only controversial aspect of the Judge's handling of evidence, which appeared strongly biased.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 14 days ago.
I can wait 24 hours only

The evidence should have been heard although what the judge should have done is ask you to redact it. I don’t know what the relevance of the criminal matters are. They are only criminal if they have been to court and he’s been convicted otherwise they’re not relevant.

You would need to make an application to amend the statement and to appeal the decision on the basis that the judge made an error of fact in not allowing the evidence.

That also constitutes an error of law in not allowing a fair hearing.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Stuart J, Solicitor
Category: Law
Satisfied Customers: 26816
Experience: Senior Partner at Berkson Wallace
Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 14 days ago.
Thanks Stuart, the employer (multi million tunover and thriving) furloughed her and others who were forced to work full time for 3 months. Altogether she thinks around £70,000+ yes I understand your point about not convicted yet but its pretty cut and dry. Then had the audacity to cut her down to 4 days a week unilaterally (despite being at liberty to furlough her for that day) in breach of a variation clause which demanded written consent signed by both parties. Claimed she consented because she continued to work. THEN he made her redundant ostensibly (but falsely) that he was restructuring the business by outsourcing, and he only told her about it on the same day that he dismissed her ! AND she was pregnant at the time, which employer claimed he didnt know.
And the ET found there was no unlawful deduction, that the abuse of redundancy process was ok, and no laws broken.
Result - entire claims thrown out ! You couldn't make it up.

Thank you for the extra information.

As it says in English law, “innocent until proven guilty”.

I can see no reason why you could not say “they are being investigated for a potential criminal offence”

but it’s already been and been decided, then it’s an appeal although be careful because if you lose an appeal in the Employment Tribunal you can potentially face legal costs.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart

Customer: replied 14 days ago.
Thanks for your help Stuart. I asked for you because Ive always been happy with your answers. I was asked if I agreed to a phone call with Stuart, but unfortunately another solicitor called and was no help at all. I think perhaps Justanswer should address this issue. I should at least have been told Stuart is not available, would you like to talk to somebody else? Not your fault I know.

I’m sorry that the other expert was of no use to you. If you contact customer services, they can transfer it to me and I would be happy to speak to you. Unfortunately, it’s something over which I have no control.

I am sorry but I do not work directly for Just Answer, I am an independent solicitor and therefore I don’t have access to your account. Indeed, I couldn’t access that part of the system even if I wanted to.

So I don’t know what you’ve been charged or what you been paid and I cannot help with any billing enquiries.

However you can contact customer services because they are very helpful.

They can be contacted in a variety of ways including telephone, email and chat via the links below or on the telephone number below.

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there is also a telephone number: 0808(###) ###-####/p>

I am certain that Customer Services will be able to resolve things for you.

Kind regards

Stuart