Helping You - 2

www.workrep.co.uk


Please......

1) Gather your evidence

a) Keeping a diary is a very good, possibly an essential way of doing this (date,time of event, what happened, who was involved, who said or did what etc).

b) Keep any evidence safe. Don't throw letters from your employer away. If there is something on the noticeboard or elsewhere referring to you, get a copy or picture of it. If you send any letters - keep copies. Get a certificate of posting, or even better, send it recorded delivery. If you hand any grievance or other correspondence in to your employer get the person accepting it to sign and date your copy or give you a receipt (printing their name below their signature).

2) Try not to say or do anything in anger or on the spur of the moment

Before taking advice: Don't walk off the job! Don't resign your job! Don't swear at the foreman (Before or after taking advice)! Don't be abusive! Don't be uncooperative (without a very good reason).

If despite all this you are put on the spot and your employer insists on an answer there and then, say that you are answering under duress, that you protest at having been put in this position. If you sign anything under such circumstances, write that you are signing under duress immediately above your signature. Best not to sign or answer questions that you are not sure the answer about. In such circumstances ask for the questions to be put in writing so that you can consider them properly. Putting you under duress without warning is of course unfair and will not reflect well on an employer later on at a tribunal hearing.

3) Get in touch now!

If you let time slip away you might ruin your chances of getting justice for yourself.

4) Give us the facts (all of 'em)

When contacting WorkRep regarding your case include all the facts:- those supporting your case as well as those that could potentially undermine it. It can happen that an unpleasant fact if told to WorkRep early on could allow for a not very damaging interpretation to be placed on it, yet if it slips out during the tribunal hearing could be fatal to your case.

When you first contact WorkRep please include a word processed summary of what the problem is (in chronological (date) order of events, a minimum of 1 or 2 pages)or if you have already made an application to tribunal, your ET1 (originating application) and the employer's response to it(ET3). Also send the tribunal's orders if you have received them and any other of the most relevant documents to your case.

It is better to send just enough of the most relevant documents with your first email for an adviser to get a broad understanding of your case. Please don't send all your documents at this stage.

If you have a disability that makes it difficult to send us a word processed explanation of the problem please inform us. We shall contact you to take your statement by phone/skype.

5) No Porkies

If your case is not settled earlier, you will be cross examined on your evidence at tribunal. It is likely that you will sometimes not know the answer to a question put to you by the employer's representative. Don't be tempted to try and think up on the spot a clever but untrue answer. Be totally frank and admit to not knowing the answer. In so doing, you might have just avoided stepping into a carefully laid trap. Your best defence against the opposition's cross examination is in following the golden rule of not being tempted to make anything up.

In the words of Rumpole of the Bailey:- "There's no doubt about it. There's nothing more like banging your head against a brick wall, than cross-examining a witness who is telling nothing but the truth."

Continued


© Workrep 2009 All rights reserved