APART FROM THE VICTIM!
In January 2003, I phoned ACAS up for the first time. I explained how I had been told twice by the GMB Union Shop Steward that I had been finished from work and how I had to go in and sign a form to accept the termination of my employment contract. And how I made it clear to him that I wouldn’t accept it.
Straight away, who I spoke to at ACAS told me that they were two illegal telephone calls.
According to ACAS, the GMB Union Shop Steward is a third party. And no third party can tell me that I am finished from work. I must be told by the correct member of staff from Dunlop Tyres Ltd (e.g. Personnel Officer, Manager, etc).
ACAS advised me to have everything I had just said to them recorded by Citizens Advice Bureau. So I booked an appointment with Washington CAB and everything was recorded (see Washington CAB Records).
I never had any contact with ACAS again until after I placed my claim of disability discrimination against Dunlop Tyres.
That is when an ACAS conciliator (Barry) contacted me and discussed my claim and what I would accept through negotiations.
What I said, which is written in his own notes, is that I would never enter into negotiations regarding the termination of my employment contract. And the only negotiations that I would become involved in, is:
To be allowed back to work.
Treat fair whilst at work
Given a job description (like every other factory worker inside of Dunlop Tyres) so that I would not be discriminated again in the way I had been.
The ACAS conciliator accepted this.
He then made it clear to me that Dunlop Tyres would not enter into those negotiations. He realised that the company only wanted one outcome, which was that they wanted to terminate my employment contract, so not much more was said between me and the ACAS conciliator.
15th August 2003, Dunlop’s solicitors (Wragge & Co) spoke to the ACAS conciliator and told him that “it looked likely that settlement may be reached next week”. The ACAS conciliator said he was not available on the Monday (18th August), but “he would be prepared to sign it off (agreement) on Tuesday on the basis he has been involved all along”.
I will make it clear that I never took part in any negotiations regarding settlement!
This could be what gave Dunlop’s solicitors the green light to draft a fraudulent document/false instrument. I will never know!
Because Monday 18th August, without ACAS’s involvement is when “COT3” agreement became legally binding.
My representative claims he negotiated the settlement with ACAS on Monday 18th August.
Lie - because ACAS conciliator was not at work on that day.
ACAS conciliator claims he negotiated terms of contract (that was already legally binding) with my representative on Tuesday 19th August.
Lie - because my representative started his summer holidays on that day.
Just part of the proof that no negotiations took place between me, my representative (Wilf Holt of Gateshead CAB) and/or ACAS.
And remember, by law, as stated by Lady Justice Smith in my case, “For the settlement to be binding, it had to be recorded on form COT3, completed by an ACAS officer” is something that I have the proof of that never happened.
Proof that kept on, and carries on being ignored by the Great British (il)Legal System!
Still to this day, I get two different versions of events on what can and what can’t happen regarding ACAS COT3 settlements from ACAS.
They still refuse to answer any questions. A further report will follow.