I have been involved in two emmeoyplnt tribunals. This is an adversarial process – neither side wants to lose. And my experience tells me, unfortunately, that you needn’t expect a former employer to play fair, or to tell the truth.So it is a good idea to get their documentation – if you’re dealing with a council they will have a lot of internally generated documentation, emails etc.As I recall, you can ask for relevant documentation as part of the tribunal process, and they’re obliged to provide it. (If they don’t, then rely on it at the tribunal, you can raise that with the panel & it’ll go against them.)Note though that they are only obliged to give you existing documents – they are not obliged to “create” any new documents, or to make up a document which didn’t already exist. So watch out for that.But if you get them to say one thing at a tribunal, then produce a document showing that it’s not true, that’s always an entertaining moment!Somebody somewhere must have made a decision to give Chris his P45. So there will be a paper trail. Contact the ICO & track it down. They’ll help you.And remember – it’s the council. They’re not superstars, they’re just regular people, and they don’t have giants in the legal field working for them. So it’s not going to be too hard to trip them up. Very do-able.And that would be bad for them – and good for you!
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By Marce on November 7th, 2012 at 18:08
I have been involved in two emmeoyplnt tribunals. This is an adversarial process – neither side wants to lose. And my experience tells me, unfortunately, that you needn’t expect a former employer to play fair, or to tell the truth.So it is a good idea to get their documentation – if you’re dealing with a council they will have a lot of internally generated documentation, emails etc.As I recall, you can ask for relevant documentation as part of the tribunal process, and they’re obliged to provide it. (If they don’t, then rely on it at the tribunal, you can raise that with the panel & it’ll go against them.)Note though that they are only obliged to give you existing documents – they are not obliged to “create” any new documents, or to make up a document which didn’t already exist. So watch out for that.But if you get them to say one thing at a tribunal, then produce a document showing that it’s not true, that’s always an entertaining moment!Somebody somewhere must have made a decision to give Chris his P45. So there will be a paper trail. Contact the ICO & track it down. They’ll help you.And remember – it’s the council. They’re not superstars, they’re just regular people, and they don’t have giants in the legal field working for them. So it’s not going to be too hard to trip them up. Very do-able.And that would be bad for them – and good for you!
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