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ET Case 2405428/2016 #PeacefulProtest #HearingsNOTrecordedforaReason

Miss Paczkowska v R-Com Consulting Limited

+2402211/2019 Constructive dismissal

Employment Tribunal claim launched 03 Dec 2016 Hearing 3-5 Sep 2018 (Panel took 3h reading time , judgment given 11 months later thanks to Peninsula postponement) Written Judgment 01 Aug 2019! 1 claim won. 2 returned from EAT. 1 more from Court of Appeal

Final ET hearing 13-17 Nov 2023, part upheld. Damages due 17 Jan 24 UNPAID!Details here.

Unrepresented in 7 years proceedings vs Peninsula consultants.

How I got there? 3 years of backbreaking appeals

Appeal Hearing 19 Aug 2020! Appeal Notice OF 55 pages

EAT identified 6 errors in ET Manchester Judgment

6 GROUNDS TO FULL HEARING here:

Support my petition here: Start inquiry into the workings of the Employment Tribunals and Stop Employment Tribunals status of Court of ‘no record’ now:

PRESS RELEASES:

Lack of transcripts ‘prejudices employment hearings’ Law Gazette 22Mar2022 https://www.lawgazette.co.uk/practice/lack-of-transcripts-prejudices-employment-hearings/5111947.article

Employment Tribunal Open Justice Campaign – Backtracking and pussy footing: How a top judge reneged on plans to start nationwide recordings at tribunals David Hencke 11May2022Westminster Confidentialhttps://davidhencke.com/2022/05/11/backtracking-and-pussy-footing-how-a-top-judge-reneged-on-plans-to-start-nationwide-recordings-at-tribunals/

Government accused of ignoring crisis in employment tribunal Law Gazette 10Dec2020 https://www.lawgazette.co.uk/news/government-accused-of-ignoring-crisis-in-employment-tribunal/5106759.article

Dragging tribunals into the 21st century Law Gazette 10 Jun 2022 https://www.lawgazette.co.uk/practice-points/dragging-tribunals-into-the-21st-century/5112761.article

Why aren’t employment tribunals being recorded and transcribed? Financial Times 13Jun2022 (Subscription only) https://www.ft.com/content/b85ba936-c17c-401f-9957-39b1e8cee6b4  “If an issue raised in oral testimony or conceded under cross-examination isn’t covered in a judgment, a claimant has no means of knowing whether the judge made a note of it, or mentally registered its significance,” Ward says. “To me it all seems skewed against the claimant,”

New tech to ‘halve’ transcript costs Law Gazette 01 Apr 2019 https://www.lawgazette.co.uk/news/new-tech-to-halve-transcript-costs/5069820.article

Stuck in legal limbo: whistleblowers’ case suffers delays and errors in ‘court of no record’ employment tribunal Central Bylines 25May2022 https://centralbylines.co.uk/stuck-in-legal-limbo-whistleblowers-case-suffers-delays-and-errors-in-court-of-no-record-employment-tribunal/

No one speaks for us: inside the employment appeals tribunal queue Central Bylines 27Jul2022 https://centralbylines.co.uk/no-one-speaks-for-us-inside-the-employment-appeals-tribunal-queue/

A lack of proper records, power imbalance and systematic discrimination means that claimants face an uphill struggle for justice in our employment tribunal system.

Legal Advice from two separate Senior Advisers and based on 1h40min telephone call and files prior to ET Hearing established, that “case was not without merit” and that “there is a good case.”:

Conversation with another Employment Solicitor: There is a good case!

And yes e-mail evidence was deleted after 5 months wait for Tribunal to order disclosure and without consequences for the Respondent and ET preferred (all) Respondent’s evidence – legal advice here:

Case conundrums:

Whilst Mr Jackson may well have stretched and shown his bare biceps we do not find that when so doing he had the purpose of violating the claimant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. If the claimant did have such feelings then taking into account the perception of the claimant and the other circumstances of the case, principally Mr Jackson being dressed in a t-shirt on a dress down Friday and stretching his arms, we would not consider it reasonable for his conduct to have had such an effect on the claimant.

In Respondents’ Zarina G. evidence we’ve heard, and even seen her upbeat demonstration of man kissing his bare biceps saying :welcome to the guns shop’.

(…)we would not consider it reasonable for the claimant to have felt harassed by this conduct.

We are not satisfied that (…)in the circumstances it was reasonable for the claimant to feel uncomfortable.

(…)we cannot be satisfied that there was any intention on the part of Mr Jackson to harass the claimant, and looking at the claimant’s perception and the other circumstances we do not consider it reasonable

DID YOU INVESTIGATE SEXUAL HARASSMENT E-MAILS* at the time of the grievance?
NO. *E-mails evidence was wiped out within a month by the Respondent without consequences
PH 16 Mar 2018
EAT 24 Feb 2020
PH 16 Mar 2018
Court of Appeal 08 Aug 2022

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