My Case
Documents
Actions
Laws
Case Brief
Updated 6h ago
Your ET1 unfair dismissal claim (ref. ET/2024/44821) has been accepted by the Employment Tribunal. Your strongest argument is the direct contradiction between your June 2023 performance review — where your manager confirmed the role was secure — and the dismissal letter nine months later citing sustained underperformance. Obtain written evidence that no formal warnings were issued during this period, as this directly undermines the employer's stated reason for dismissal.
Contradictions
3
Performance Assessment Contradiction
HIGH
June 2023 review: "performance is meeting all targets, role is secure"
vs
Dismissal letter: "sustained underperformance over the past 12 months" — these documents directly contradict each other.
Written Warning Claim
HIGH
Dismissal letter: "issued following two formal written warnings"
vs
Employee file disclosed by employer contains no written warnings — a material inconsistency and potential ACAS Code breach.
Grievance Response Format
MEDIUM
Company HR Policy s.4.3: all grievance outcomes must be confirmed in writing within 5 working days
vs
December 2023 appeal outcome was communicated verbally only — no written record in disclosed documents.
Key Facts
11
Grievance & HR Process
3 facts
Formal grievance lodged 8 October 2023 — hostile environment and withheld promotion
Grievance Letter
Appeal rejected verbally by HR Director, 14 December 2023 — no written outcome issued
User confirmed
HR Policy s.4.3 requires written outcome within 5 working days — not complied with
HR Policy
Tribunal Proceedings
4 facts
ET1 filed 11 November 2024 — unfair dismissal and potential discrimination
ET1 Form
Claim ET/2024/44821 accepted by Employment Tribunal
Tribunal Notice
ACAS Early Conciliation certificate issued — conciliation was unsuccessful
ACAS Certificate
ET3 employer response received — denies unfair dismissal, claims two verbal warnings were given
ET3 Response
Next Steps
2
Show all 2 ↓
1
Upload: ET3 Employer Response
The employer's ET3 denies all claims but has not been cross-referenced yet. Uploading will allow PROVEAiBLE to identify contradictions against your dismissed letter and performance review.
Uploaded Documents
3
All
Pending 1
Approved
Obtain written record of verbal grievance rejection
Request full employee file via Subject Access Request
Collect witness statements on performance record
Confirm no written warnings appear in any disclosed document
Verify notice pay calculation matches statutory entitlement
Prepare chronological evidence bundle before preliminary hearing
Employment Rights Act 1996
s.98 — Fairness of dismissal
Employer must show a potentially fair reason and act reasonably in treating it as sufficient. Performance is a potentially fair reason — but must be properly evidenced and procedurally followed.
Employment Rights Act 1996
s.86 — Minimum notice periods
After 6+ years of continuous service, statutory minimum is 6 weeks' notice. Confirm whether correct notice was paid and whether PILON terms applied.
ACAS Code of Practice
Disciplinary & Grievance Procedures
Failure to follow the Code allows the Tribunal to adjust compensation by up to 25%. Verbal-only grievance outcome and undocumented warnings likely breach the Code.
Equality Act 2010
s.39 — Discrimination in employment
If the withheld promotion or dismissal is linked to a protected characteristic, a discrimination claim may run alongside the unfair dismissal claim. Assess comparator evidence.