I am taking my former employer to tribunal for unfair dismissal, i am representing myself and they have said that i walked out of my job after conversation by phone - do i have the right to request that they provide copy of phone bill to prove that no call existed? Previously on advice of ACAS i wrote to them asking what the position was about my job, posted the letter in box but they say they never got the letter.
2007-09-29 23:19:00 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Representing yourself? Fool for a client.
2007-09-29 23:26:46 · answer #1 · answered by Anonymous · 0⤊ 1⤋
During employment hearings such as this, the employer MUST show all evidence they have against you... so the answer is yes.
If you have not given notice to the former employer that you are demanding that he show the records of a phone call, you can not expect him to bring them to the hearing. And this notice MUST be given in writing, by certified mail and with a demand for signature by the addressee. Without that it is your work against theirs that you ever wrote or asked for any evidence.
As for the phone call, did they call you, and was it a toll call? Otherwise, why would you think there would be a record that would not show the call? If you are said to have called them, then where are your phone records to show that no call was made? Again, if it was not a toll call, or other type of called that would not have been lumped into the local service, how do you intend to prove that no call was made.
Unless you can catch them in a lie, like saying you called from your mobile phone, and you then produce the records from your phone that show no call was logged, you may be out of luck.
Hire an attorney.
2007-10-03 22:41:31 · answer #2 · answered by BeachBum 7 · 0⤊ 0⤋
A lot of fair advise was given here - BUT.
If you have not given notice to the former employer that you are demanding that he show the records of a phone call, you can not expect him to bring them to the hearing. And this notice MUST be given in writing, by certified mail and with a demand for signature by the addressee. Without that it is your work against theirs that you ever wrote or asked for any evidence.
As for the phone call, did they call you, and was it a toll call? Otherwise, why would you think there would be a record that would not show the call? If you are said to have called them, then where are your phone records to show that no call was made? Again, if it was not a toll call, or other type of called that would not have been lumped into the local service, how do you intend to prove that no call was made.
Unless you can catch them in a lie, like saying you called from your mobile phone, and you then produce the records from your phone that show no call was logged, you may be out of luck.
LAST - This is your life and future - get a lawyer to advise you. The saying - a fool for a client - was coined for a very good reason.
2007-10-06 14:19:47 · answer #3 · answered by Mcgoo 6 · 0⤊ 1⤋
Firstly you do not say the grounds under which you are claiming against your former employers (I presume unfair dismissal?) I am not sure why you are so concerned about the allegation of you making a telephone call and 'wallking out'. You are perfectly entitled to 'walk out' if grounds exist. This is referred to as 'constructive dismissal'.
The most important issue here, is to prove the ground or grounds on which you are bringing the claim. Do you have an independent witness to back up your claim? If so, would this witness be prepared to make a short statement to support your case? Your claim will obviously be strengthened by the evidence of an independent witness. If you are not able to produce a witness - unfortuantely it be up to the tribunal which side of the story they believe on the day!
There is one last tactical step which may help ... consider writing a 'without prejudice' letter to your employers. In this letter you can offer to withdraw the proceedings (which are going to be costly and time consuming for them) in return for a payment of what you think you are owed. You can itemise the amounts owed to you and, you can say as a gesture of good will you are willing to accept a reduction. Give them a specific time limit in which to accept your offer. Hopefully, this will bring the desired effect! This should put them under some pressure perhaps to settle before the matter proceeds to a hearing. Good luck!
2007-10-02 09:52:57 · answer #4 · answered by Shelby P 2 · 0⤊ 1⤋
specific final dates persist with to creating claims to the employment tribunal and that i worry time might have lapsed for you. You of course had a case yet final dates now might impression that. No you will no incur expenses in case you characterize your self, drop the case or lose the case. touch the administrators with reference your employment checklist and this might desire to help with dates. Please seek for suggestion, it is going to likely be loose and verify with regards final dates and motives for extensions to final dates. Its no longer so ordinary as somebody, like one that has already replied to permit you already know you haven't any longer something to lose, decide for it. Employment tribunal situations are frequently revealed or maybe yet evidently such as you ought to ok have a case, in case you're outdoors the final dates, there is no longer something you're able to do. Tax wellbeing care expert
2016-10-20 08:55:19 · answer #5 · answered by thibaud 4 · 0⤊ 0⤋
In won my case without a lawyer. You have the right to see all evidence which led to your dismissal, so yes, ask for the phone bill. Hope you kept a copy of the letter you posted to them. Good luck.
2007-09-30 02:23:01 · answer #6 · answered by flint 7 · 1⤊ 1⤋
I went to an arbitration hearing for a past job. I went and represented myself and lost. I later found out its better to take a lawyer with you. Good Luck
2007-09-29 23:28:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋