Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Results 1 to 17 of 17
  1. #1
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default Employment tribunal- employer not responded?!

    Hi i need help.

    I applied to take my employer (major big employer) to employment tribunal.

    Their 28 days to respond was up today.

    I rang the tribunal centre before they shut at 5pm and they said to their knowledge they had not recieved anything from the respondent.
    They said it was possible if theyd only sent it this afternoon they might not have picked it up so check next week.

    If they have not responded they can apply to extend the deadline?
    In what circumstances can they extend it?
    Ive read that they dont even have to say why they did not respond?

    I dont know if they are just trying to drag it out but it doesnt make sense that they wouldnt fight it.

    Its a massive case,
    im representing myself
    and im going to prove they are guilty
    but if they werent able to have a say it would make it easier ��


  2. #2
    Basic Account Holder Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2016
    Posts : 507 (1.21 post per day)

    Default

    Tribunals routinely allow extensions to the deadline.
    And employers frequently don't respond in time.

    Don't even begin to think this will help you.
    The chances are stacked on "it won't make any difference at all".


  3. #3
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default Re: Employment tribunal- employer not responded?!

    they can ask for an extension after 28 days have passed? Dont they have to explain why they didnt respond and cant i object to the extension?


  4. #4
    Basic Account Holder dondada Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 77 (0.26 post per day)

    Default Re: Employment tribunal- employer not responded?!

    Objecting may put you in a bad light before the Judge.

    Wait a while, I believe they will still not respond to the extension.


  5. #5
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default Re: Employment tribunal- employer not responded?!

    Dont understand it because they have their own large legal team so why wouldnt they respond or ask for an extension within the time limit. Seems very odd. Maybe they know something I don't, some sort of conspiracy


  6. #6
    Basic Account Holder Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2016
    Posts : 507 (1.21 post per day)

    Default

    Conspiracies are hard work - the other thing that I can't post due to it being on the banned words list is far more common!

    Stop using your energy on pointless activities.
    If, and it's highly unlikely,
    you don't have to go to tribunal
    - or get a settlement
    - then that will be lovely;

    but your energy is better used preparing your case than it is wasted on trying to figure out what, if anything, they are doing.

    I have seen much better mistakes than conspiracies.

    An all time favourite
    - quite true
    - was a tribunal claim that sat in the post room for six weeks because the idiot in the sorting section didn't know what it was or who it should go to.

    So they put it on the side until someone ,(who didn't know a claim had been submitted) came looking for it after a phone callicon!


  7. #7
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 12,925 (6.84 post per day)

    Default Re: Employment tribunal- employer not responded?!

    IF they fail to respond at all the matter will still carry on.

    They will just look stupid when they come to explain themselves and that may earn you some sympathy
    and possibly a bit extra for your additional costs
    but wont change the substance of any argument.

    If they dont submit anything at all then they will have nothing to talk about on the day


  8. #8
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default E tribunal again - how many legal representatives??

    Hi,
    the employment centre told me the respondent hadn't responded when they had!

    now the respondents solicitor has emailed me (a rather 'trying to intimidate me' email).
    And said that they also have a barrister.

    Are they allowed a solicitor and a barrister?

    She is saying there might not be a full hearing,

    but the tribunal letter said the preliminary was to decide on the issues for the full hearing.

    And ACAS said the same. confused!

    They are like we have this big QC.

    um that's nice for you.


  9. #9
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 110,424 (27.27 post per day)

    Default Re: Employment tribunal- employer not responded?!

    threads merged
    please keep to one thread
    else it makes past advice worthless.

    dx

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  10. #10
    Basic Account Holder Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2016
    Posts : 507 (1.21 post per day)

    Default Re: E tribunal again - how many legal representatives??

    They can have 20 solicitors and 100 barristers.
    It's their bill!

    Who and how many they get to represent them is their business, not yours.

    It sounds like they are challenging the grounds of your claim.

    If they are successful then no, it won't go to a full hearing.

    Yes it is nice for them.
    It's also remarkably common.
    They have a legal team who will pick over everything in detail.

    If you have a case, it might be nice for you too, as they would normally recommend a settlement.

    But if you don't, you can expect them to make it very hard going, if it does go to a tribunal.


  11. #11
    Basic Account Holder dondada Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 77 (0.26 post per day)

    Default Re: E tribunal again - how many legal representatives??

    Quote Originally Posted by Elz100 View Post
    Hi,
    the employment centre told me the respondent hadn't responded when they had!

    now the respondents solicitor has emailed me (a rather 'trying to intimidate me' email).
    And said that they also have a barrister.

    Are they allowed a solicitor and a barrister?

    She is saying there might not be a full hearing,

    but the tribunal letter said the preliminary was to decide on the issues for the full hearing.

    And ACAS said the same. confused!

    They are like we have this big QC.

    um that's nice for you.

    A barrister has a right of appearance which means to appear before the Court to argue in a case.

    In Employment Tribunal there is no need to have a barrister but some companies get one anyway.

    Most barristers are not allowed to meet members of the public (including companies) directly

    A solicitor is the first person you (or a company) comes in contact with

    Don't bother yourselves about all that.

    What you should focus on is the Strike Out application they might put before the Tribunal.

    Strike Out Application is an often used tactics by Respondents.

    The Tribunal considers it a draconian step and are reluctant to use them

    What you need to do is to research on Strike Out Applications in the employment Tribunal and see how you can plead your case.

    The judge wouldn't be lenient if you fail to do your homework.


  12. #12
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default witness statements for tribunal

    Hi guys, I'm writing my witness statement and I'm just slightly unsure on the format of a couple of bits.

    how do i refer to people in it. Can I use their names or do I have to just put initials?

    Do I have to refer to the respondent as 'respondent' or can i use the employers name??

    thanks!


  13. #13
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Nov 2009
    Posts : 41,189 (13.82 post per day)

    Default Re: Employment tribunal- employer not responded?!

    Hi. I've merged your old and new threads to keep the information together.

    People should be long later with advice for you.

    HB

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you are asked to deal with any matter via private message, PLEASE report it.

    Illegitimi non carborundum.

    Follows
    0
    Following
    0

  14. #14
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 12,925 (6.84 post per day)

    Default Re: witness statements for tribunal

    either as long as you are consistent. With people's names you cna use full name then just initials if you refer to them that way at the beginning. The other way is to not use names but the name of the post they hold if these are unique so line manager, HR person, company director etc. As for employers name it is normal to use the term respondent but again be consistent if you decide to use employers name rather than mix the 2.
    Quote Originally Posted by Elz100 View Post
    Hi guys, I'm writing my witness statement and I'm just slightly unsure on the format of a couple of bits.

    how do i refer to people in it. Can I use their names or do I have to just put initials?

    Do I have to refer to the respondent as 'respondent' or can i use the employers name??

    thanks!



  15. #15
    Site Team steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2012
    Posts : 5,189 (2.77 post per day)

    Default Re: Employment tribunal- employer not responded?!

    With witness statements, the key is to write them in easily understandable language, and in a format which makes them easy to follow.

    The Tribunal needs to understand the point being made. The statement must be clear and must use proper paragraphs. You can easily find examples online - such as http://www.lrdpublications.org.uk/do...sStatement.PDF. Try to follow that sort of format.

    The usual approach to witness statements is to mention someone's full name on the first occasion you refer to them, but to use an abbreviation on future occasions. For example, you might say 'Pete Smith (PS) said ...' the first time you mention him. But you might say 'PS said ...' in later paragraphs.

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Follows
    0
    Following
    0

  16. #16
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default Re: Employment tribunal- employer not responded?!

    Sorry HB,

    great thanks guys!. i have used the employers name, because its quicker and because its such a large company its abit strange saying 'respondent' all the time as there are many people.

    Thanks that makes sense, i just wanted to make sure it wasn't wrong and there wasn't some rule about putting peoples names in it. To be honest they are mostly big people ie directors anyway.


  17. #17
    Basic Account Holder Elz100 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2017
    Posts : 8 (0.12 post per day)

    Default Re: Employment tribunal- employer not responded?!

    oh that link doesn't work?



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details