We previously disclosed two e-mails which confirm KS Hotels Ltd t/a Holiday Inn Express Leigh – Sports Village had tampered with evidence and gave false information to a Court of Law.
You will notice that those e-mails were either sent to, or from, a 'peninsula-uk.com' email address which belonged to 'Peninsula Business Services' who are now trading under the name of 'Peninsula'.
Peninsula are Employment Law Consultants and represented KS Hotels Ltd t/a Holiday Inn Express Leigh – Sports Village at the previously mentioned Employment Tribunal.
What do those e-mails tell you about Peninsula?
The first e-mail tells you Peninsula were fully aware that the Final Written Warning had been decided upon prior to any disciplinary hearing taking place; which means at the Employment Tribunal they were fully aware the warning was given in bad faith and as such their client was not entitled to rely on it when dismissing the Claimant.
The second e-mail tells you that Peninsula were fully aware the Disciplinary Appeal Officer had already decided on Gross Misconduct against the Claimant prior to any disciplinary hearing taking place; which means at the Employment Tribunal they were fully aware the Disciplinary Appeal Officer was involved with the disciplinary process early on, not just at appeal stage, and that there could be no impartiality from the Disciplinary Appeal Officer when he conducted the appeal hearing into the Claimant.
The e-mails together show that Peninsula knowingly allowed their client to tamper with evidence by removing the damaging e-mails, and that Peninsula knowingly allowed their client to give false information to a Court of Law; information which was taken into account by the Judge when he made his decision in favour of KS Hotels Ltd.
The actions of removing the e-mails and of giving false information were intended to prevent Justice from being served and fell very close to, if not into, 'perverting the course of justice'.
If KS Hotels Ltd t/a Holiday Inn Express Leigh – Sports Village had done everything above board and by the book when they dismissed the Claimant, there would have been no need for them to remove evidence or give false information to a Court of Law.
By allowing them to do these things Peninsula made themselves a willing party to the intention of preventing Justice from being served. Had Peninsula been trading as 'Solicitors' they would have been regulated and bound by the 'Solicitors Regulation Authority (SRA)' and action could have been taken against them. However, because Peninsula trade as 'Employment Law Consultants' they are not regulated or bound by the SRA and therefore no action can be taken against them for their part in this.
In relation to this case it seems Peninsula were free of any restraints imposed by regulations and, were more than willing to use tactics which bordered on criminal in order to gain a win for their client. This may be good news for Peninsula clients in the future who want a win at Tribunal by any means necessary, but it is not good news for the Employment Tribunal system which relies on representatives from all parties conducting themselves in an honest and ethical way while representing their clients.
More on Peninsula in a separate blog coming soon!
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