Compensation Offer following grievance at work
Discussion
Apologies for the lack of replies all.
Without wishing to be evasive, the process is still ongoing. Negotiations are proving to be difficult to finalise due to moving goalposts and the SAR has still not been replied to.
Read into that what you will. I'd imagine there will be some form of closure in the next month or so.
Interesting times ahead!
Without wishing to be evasive, the process is still ongoing. Negotiations are proving to be difficult to finalise due to moving goalposts and the SAR has still not been replied to.
Read into that what you will. I'd imagine there will be some form of closure in the next month or so.
Interesting times ahead!
lenny007 said:
Apologies for the lack of replies all.
Without wishing to be evasive, the process is still ongoing. Negotiations are proving to be difficult to finalise due to moving goalposts and the SAR has still not been replied to.
Read into that what you will. I'd imagine there will be some form of closure in the next month or so.
Interesting times ahead!
If they are sitting on an SAR without justification (eg legals are in train) then I would complain to the ICO. Costs nothing, and might give them pause for thought.Without wishing to be evasive, the process is still ongoing. Negotiations are proving to be difficult to finalise due to moving goalposts and the SAR has still not been replied to.
Read into that what you will. I'd imagine there will be some form of closure in the next month or so.
Interesting times ahead!
IanA2 said:
If they are sitting on an SAR without justification (eg legals are in train) then I would complain to the ICO. Costs nothing, and might give them pause for thought.
Complaint went into ICO many weeks ago. They still haven't replied or provided the documentation. They appear to be of the belief that it is a negotiable item and not something that they are legally required to provide. Still, the longer the delay, the greater the fine may be.lenny007 said:
IanA2 said:
If they are sitting on an SAR without justification (eg legals are in train) then I would complain to the ICO. Costs nothing, and might give them pause for thought.
Complaint went into ICO many weeks ago. They still haven't replied or provided the documentation. They appear to be of the belief that it is a negotiable item and not something that they are legally required to provide. Still, the longer the delay, the greater the fine may be.ICO seems to work on a kind of points system, each valid complaint is noted and toted up before action, if any, is taken. Obviously serious breaches &/or public interest cases are dealt with more robustly.
It's worth giving the ICO a ring, they can be very helpful.
IanA2 said:
If legals are in train the only way to get data prior to a disclosure order from an ET judge is to make application to the county court.
ICO seems to work on a kind of points system, each valid complaint is noted and toted up before action, if any, is taken. Obviously serious breaches &/or public interest cases are dealt with more robustly.
It's worth giving the ICO a ring, they can be very helpful.
Without getting into specifics, the reason they've not provided the data so far is because we both know / suspect that if they do, they would be incriminating themselves and be open to further claims. ICO seems to work on a kind of points system, each valid complaint is noted and toted up before action, if any, is taken. Obviously serious breaches &/or public interest cases are dealt with more robustly.
It's worth giving the ICO a ring, they can be very helpful.
However, i do believe it might be worthwhile to contact the ICO, just for an update.
lenny007 said:
IanA2 said:
If legals are in train the only way to get data prior to a disclosure order from an ET judge is to make application to the county court.
ICO seems to work on a kind of points system, each valid complaint is noted and toted up before action, if any, is taken. Obviously serious breaches &/or public interest cases are dealt with more robustly.
It's worth giving the ICO a ring, they can be very helpful.
Without getting into specifics, the reason they've not provided the data so far is because we both know / suspect that if they do, they would be incriminating themselves and be open to further claims. ICO seems to work on a kind of points system, each valid complaint is noted and toted up before action, if any, is taken. Obviously serious breaches &/or public interest cases are dealt with more robustly.
It's worth giving the ICO a ring, they can be very helpful.
However, i do believe it might be worthwhile to contact the ICO, just for an update.
IanA2 said:
That the withheld data is compromising is par for the course. The issue is whether it is being lawfully withheld. As I have said, if an ET is in train, they are legally entitled to retain the data until a judge orders disclosure.
ET1 has been submitted but ACAS are still involved with a view to negotiated compromise. Still some time before we take a step back and our solicitor (who has been excellent, ahem!) takes over. lenny007 said:
IanA2 said:
That the withheld data is compromising is par for the course. The issue is whether it is being lawfully withheld. As I have said, if an ET is in train, they are legally entitled to retain the data until a judge orders disclosure.
ET1 has been submitted but ACAS are still involved with a view to negotiated compromise. Still some time before we take a step back and our solicitor (who has been excellent, ahem!) takes over. You will not now be able to get the data you need/want before an employment judge so rules.
If it is crucial to have sight before this, then your solicitor will advise how to make application to the county court.
Dan_1981 said:
The annoying thing about this thread is that once settled it'll likely come with an NDA attached - which means we'll all be left non the wiser 
Holy thread resurrection! So, 16 months from the last post and as noted above, i can't go into the details of the tribunal and how it was concluded, but i thought it fair to state the case finally reached a conclusion this week.
If anyone is thinking of undertaking this process, the first thing to consider is to make sure that you get the right legal representation. I could give you a multitude of things you should be looking for in the person or firm you select but i'd just be wasting everyone's time. Just get in touch with JasandJules on here and save yourself any time.
The man was absolutely fantastic and could not have helped us any more than he did. I will never be able to say thank you enough for what he did for us. The only wish i have in this whole matter was that i could have watched him work longer at tribunal. It would have been the highlight of my year...
The next and last thing to say is expect to have to fight for everything at every stage. Nothing will be simple. Nothing will be easy. As an example, our claim straddled two different periods of legal expenses cover with two different providers. Once declined saying the incident was before their cover started. The other declined - after 6 months of saying we were covered - stating it was after their cover ended.
Two consecutive periods of cover. Two insurers denying liability.
It took the ombudsman from September 2019 to the week before the tribunal to let us know our costs were to be covered. Even then, they could have appealed and i only found out last night that they wouldn't. That was the day after the case was concluded. The word you are looking for is "pucker".
So, go into it with your eyes wide open and pick the best representative you possibly can and if you are lucky, you'll get someone like JasandJules and the outcome you wanted.
Good luck.
Edited by lenny007 on Thursday 3rd December 15:43
Edited by lenny007 on Thursday 3rd December 15:51
lenny007 said:
Holy thread resurrection!
So, 16 months from the last post and as noted above, i can't go into the details of the tribunal and how it was concluded, but i thought it fair to state the case finally reached a conclusion this week.
If anyone is thinking of undertaking this process, the first thing to consider is to make sure that you get the right legal representation. I could give you a multitude of things you should be looking for in the person or firm you select but i'd just be wasting everyone's time. Just get in touch with JasandJules on here and save yourself any time.
The man was absolutely fantastic and could not have helped us any more than he did. I will never be able to say thank you enough for what he did for us. The only wish i have in this whole matter was that i could have watched him work longer at tribunal. It would have been the highlight of my year...
The next and last thing to say is expect to have to fight for everything at every stage. Nothing will be simple. Nothing will be easy. As an example, our claim straddled two different periods of legal expenses cover with two different providers. Once declined saying the incident was before their cover started. The other declined - after 6 months of saying we were covered - stating it was after their cover ended.
Two consecutive periods of cover. Two insurers denying liability.
It took the ombudsman from September 2019 to the week before the tribunal to let us know our costs were to be covered. Even then, they could have appealed and i only found out last night that they wouldn't. That was the day after the case was concluded. The word you are looking for is "pucker".
So, go into it with your eyes wide open and pick the best representative you possibly can and if you are lucky, you'll get someone like JasandJules and the outcome you wanted.
Good luck.
sounds like it went well. been through something similar and its hell but well done and now enjoy life So, 16 months from the last post and as noted above, i can't go into the details of the tribunal and how it was concluded, but i thought it fair to state the case finally reached a conclusion this week.
If anyone is thinking of undertaking this process, the first thing to consider is to make sure that you get the right legal representation. I could give you a multitude of things you should be looking for in the person or firm you select but i'd just be wasting everyone's time. Just get in touch with JasandJules on here and save yourself any time.
The man was absolutely fantastic and could not have helped us any more than he did. I will never be able to say thank you enough for what he did for us. The only wish i have in this whole matter was that i could have watched him work longer at tribunal. It would have been the highlight of my year...
The next and last thing to say is expect to have to fight for everything at every stage. Nothing will be simple. Nothing will be easy. As an example, our claim straddled two different periods of legal expenses cover with two different providers. Once declined saying the incident was before their cover started. The other declined - after 6 months of saying we were covered - stating it was after their cover ended.
Two consecutive periods of cover. Two insurers denying liability.
It took the ombudsman from September 2019 to the week before the tribunal to let us know our costs were to be covered. Even then, they could have appealed and i only found out last night that they wouldn't. That was the day after the case was concluded. The word you are looking for is "pucker".
So, go into it with your eyes wide open and pick the best representative you possibly can and if you are lucky, you'll get someone like JasandJules and the outcome you wanted.
Good luck.
Edited by lenny007 on Thursday 3rd December 15:43
Edited by lenny007 on Thursday 3rd December 15:51
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff