Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #141
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    Default Re: Sacked on the spot without warning

    Quote Originally Posted by RachelMD View Post
    I was tempted, but it was a bit squashed. They're a lot smaller than the grey ones, really cute.
    Even smaller after you had run over it!

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  2. #142
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    Default Re: Sacked on the spot without warning

    Hi All, Sorry i have been away, my laptop died on me

    I now have 2 references and i am just putting the finishing touches to my POCicon, would it be possible for someone to check them for me just to make sure i don't miss anything.

    Also is it the county courticon i file the paperwork and is there a cost to it???

    IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK
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  3. #143
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    Default Re: Sacked on the spot without warning

    Employment Tribunal Gaz, if you're going for unfair dismissalicon, non-payment etc.
    http://www.justice.gov.uk/guidance/c...sing-forms.htm


  4. #144
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    Default Re: Sacked on the spot without warning

    Thanks Rachel

    Would it be ok for me to cash this cheque that they have given me??? If i take 3 or more copies of it with the wage slip????
    I am just thinking if i start action against them they may cancel the cheque

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  5. #145
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    Default Re: Sacked on the spot without warning

    Can't see why not. Just make sure you do have good copies.


  6. #146
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    Default Re: Sacked on the spot without warning

    Hi all, Sorry I have been away I have been in hospital for nearly 6 weeks really ill but feel alot better now.

    I am coming up to 3 months since i was sackedicon, so i am going to put my paper work in tomorrow morning. I have the claim for nearly complete, just need to put my POCicon on it which it asks for a lead up to what happened on the day I was sacked.
    Please correct me if this is wrong :P

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  7. #147
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    Default Re: Sacked on the spot without warning

    Does anyone know if this can be filed online or where it needs posting to, i can't seem to find the address??

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  8. #148
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    Default Re: Sacked on the spot without warning

    Hi all,

    Just an update, I have filed online so all i need to now is sit and wait, will keep you informed as soon as i hear something.

    Thank you all so far for your help and support

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  9. #149
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    Default Re: Sacked on the spot without warning

    Got a few things to add to this and appologies if its been mentioned already.

    If you are claiming unfair dismissalicon then you have to have worked there for min of 12 months.
    However if you are claiming unlawful dismissal and IMO this is unlawful as there was no investigation nor disciplinary hearing then there is no min time that you are required to have worked before you can claim.


  10. #150
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    Default Re: Sacked on the spot without warning

    whats IMO Paul???

    thanks for the reply

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  11. #151
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    Default Re: Sacked on the spot without warning

    Sorry IMO means In My Opinion


  12. #152
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    Default Re: Sacked on the spot without warning

    Thanks

    it seems to be agreed on the thread that with the cheque they gave me with 4 weeks pay and one weeks holidayicon pay which took me up to 30th June, this was enough to put me over the 12 months and allow me to claim unfair dismissalicon.

    I have put my paperwork in and it has been transferred to Manchester as this is my closes tribunal and they will get back to me within 10 days, so fingers crossed.

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  13. #153
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    Default Re: Sacked on the spot without warning

    Hi all,

    I have had an email today from the Tribunal service and they have accepted my claim I have a claim number and the hearing is set for the 16th Jan 2012.
    I have a list of case management orders:-
    By no later than
    The following shall be done
    27 September 2011
    The claimant shall set out in writing what remedy the Tribunal is being asked to award. The claimant shall send a copy to the respondent. The claimant shall include any evidence and documentation supporting what is claimed and how it is calculated. The claimant shall also include information about what steps the claimant has taken to reduce any loss (including any earnings or benefits received from new employment).
    11 October 2011
    The claimant and the respondent shall send each other a list of any documents that they wish to refer to at the hearing or which are relevant to the case. They shall send each other a copy of any of these documents if requested to do so.
    25 October 2011
    The respondent shall then prepare sufficient copies of the documents for the hearing. The documents shall be fastened together in a file so as to open flat. The file of documents shall be indexed. The documents shall be in a logical order. All pages shall be numbered consecutively. The respondent shall provide the other parties with a copy of the file. Four copies of the file shall be provided to the Tribunal at the hearing (and not before).
    8 November 2011
    The claimant and the respondent shall prepare full written statements of the evidence they and their witnesses intend to give at the hearing. No additional witness evidence may be allowed at the hearing without permission of the Tribunal. The written statements shall have numbered paragraphs. The claimant and the respondent shall send the written statements of their witnesses to each other. Four copies of each written statement shall be provided for use by the Tribunal at the hearing (and not before).
    9 January 2012
    Where the claimant and the respondent are both professionally represented, the professional representatives shall prepare a draft statement of issues or questions that are to be decided by the Tribunal at the hearing. The draft statement of issues shall be subject to the Tribunal’s agreement at the commencement of the hearing.

    The first deadline is 28 days from today.///
    Would it be possible to get some advice regarding the first deadline please.
    it asks for evidence and documentation supporting what is claimed and how it is calculated. I have not been able to get a job since being sackedicon and i have applications and letter i have sent and received, should i include these at this stage? Also in terms of loss of earning can i claim up to the hearing date or just the time from being sacked till the application being accepted?
    Sorry for so many questions

    Thank you in advance

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  14. #154
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    Default Re: Sacked on the spot without warning

    I'm at work at the moment and using the forum on an IPhone is a pain so when I get in later I'll have all the answers you seek


  15. #155
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    Default Re: Sacked on the spot without warning

    Thanks Paul

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  16. #156
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    Default Re: Sacked on the spot without warning

    To start with I would very strongly advice that you get in contact with the CAB if you are not in a Trade Union as they have expects in this kind of field.

    I am not 100% sure on employment trubinal stuff as through all my years of being a union rep I've never had to deal with a tribunal case but my best guess on your question would be for you to send to the tribunal and your ex employer what you would like done be it compensation for loss of earnings from the time you were unfairly dismissedicon to now, you may also want to request that you are given your old job (the ET can award your old job back).

    In terms of evidence I would provide a break down of what your earnings were when you were employed (include bonuses, shift allowance, any unsocial hours enhancements etc) and also mention about being deducted for annual leave you had taken which put you over your limit at that moment in time.


  17. #157
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    Default Re: Sacked on the spot without warning

    Hello guys. I haven't googled this, but I could. Is it called a Statement of Loss, from memory?

    My best, HB

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  18. #158
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    Default Re: Sacked on the spot without warning

    Thanks Paul, HB

    Once I have all the figures put down i will post to see what everyone thinks

    Thank you again for all your help so far.

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  19. #159
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    Default Re: Sacked on the spot without warning

    Gaz, check your house insurance to see if you are covered for legal advice and if so ring them straight away. A friend of mine got a solicitor through his insurance company who dealt with the whole tribunal claim.

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  20. #160
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    Default Re: Sacked on the spot without warning

    Quote Originally Posted by gazhodge1981 View Post
    Thanks

    it seems to be agreed on the thread that with the cheque they gave me with 4 weeks pay and one weeks holidayicon pay which took me up to 30th June, this was enough to put me over the 12 months and allow me to claim unfair dismissalicon.

    I have put my paperwork in and it has been transferred to Manchester as this is my closes tribunal and they will get back to me within 10 days, so fingers crossed.
    Are they legally represented? What was your final day of employment according to the company?

    It seems you won't be over the 12 month mark from what I've read and if the other side is represented they may try and strike the claim out...



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