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  1. Yes, having completed my own tribunal case, the page numbering on the bundle is very important. I suugest you referece page numbers from the bundle in your statement where applicable. Then when you read you statement and come to a page number, stop, go to the page inthe bundle, and read the page from the bundle. Do not assume that the Tribunal know your case like you do
  2. Yes there is a useful link here regarding standard charges http://www.consumeractiongroup.co.uk/forum/newreply.php?do=newreply&noquote=1&p=2618772 The sixth post down I think However I was looking for a little more info. From looking at various sources I think I have been overcharged by £150 It was on a single visit by a single person, who simply dropped a warning letter off and did not enter the premises
  3. I recieved a parking fine from a local council for £80. Unfortunetely I did not pay it I recieved two or three letters from a certified baliff and a visit by a certified baliff. I was charged £326.33. In other words £246.33 was levied for two or three letters and one visit I feel that it is an excessive charge. Are there any guidelines for the amount they charge. Do I have any redress. Thanks for your help
  4. I would be very surprised if the represented respondent does not comply with the CMO order. Wait a day or so for it to appear in the post. If they do not comply and you request a strike out order then in the first instance I would not expect the tribunal to strike their case out, but what I would expect is that the tribunal would give them another date with an "unless order" i.e unless they exchange documents by a certain date their case will be struck out without further notice. I would imagine that you can write the bulk of your statement now and adjust it as necessary when the bundle is available However, as I say, I would be very surprised if they do not comply with the CMO order
  5. Hi Did the CMO stipulate an exchange of documents (the bundle) on a particular date? If so it would appear to me that they have breached the CMO I would consider the following. Request a tribunal order to strike their case out for failing to comply with a Case Management Order Request an order to delay the hearing because you have not had time to consider their documents prior to writing your statement
  6. Thanks for that Agathachristie. Thats a really useful link for me. Regards
  7. Can anybody direct me to any resources regarding completing a Schedule of Losses for an employment tribunal. Is there a standard form, guidance notes, books, web links etc. Any help appreciated. Regards
  8. Keep the union advised of your situation but do not rely on them You are not out-of-time to bring a complaint to an ET for disability discrimination as a result of your employer failing to make reasonable adjustments. Since failing to make reasonable adjustments is a continuous act you can make an application to an ET at anytime after 28 days have past from raising a grievance with your employer. Be aware and careful, in order to prove you have a disability for the purposes of the DDA you need to prove the following. 1. The condition is permanent - that means it has lasted more than a year or is likely to last more than a year 2. The condition has a substantial effect on your day to day activities - that means it has more than a minor or trivial effect on your day to day activities Although you have not stated it I suspect you have sciatica and/or back pain as you have problems sitting …but I’m not sure from what you have said. In addition I suspect you have knee pain and feel unstable on your feet. I suspect these symptoms would affect your mobility (walking, traveling in a car, etc...), your concentration (pain distracting you from tasks whilst sitting at a computer, talking to friends), your physical co-ordination (reaching for objects on the floor or a shelf), your ability to lift, carry or otherwise move everyday objects ( e.g. move a chair, carry shopping) How long have you had a condition which affects you day to day activities? I suggest you do the following. Write to your employer and their occupational health adviser and spell it out to them how your condition effects your day to day activities, e.g. walking, sitting, traveling in a car, sitting at a desk at home, using the computer at home, cleaning up the house, car , or garden, socializing. Even if you can do these tasks it is relevant how you do them i.e. painfully or more slowly. Explain about any medication you are taking to mitigate your symptoms and allow you to perform tasks. Explain any tasks you now avoid because of your condition. Explain if it takes you longer to get going in the morning due to joint stiffness (say). Explain if your sleep is being disturbed. Explain if you do not socialize as much because of your condition. If the condition is effecting your mental health e.g. anxiety or depression, although you may find it difficult, you should not hesitate to advise your employer. I also suggest in the same letter you propose what adjustment you think would help you, adjustments which would put you at no disadvantage to your non disabled colleagues. The two most common defenses used by the employers are “the employee doesn’t have a disability” and/or “we didn’t know the employee had a disability”. A letter along the above lines will seriously erode these defenses. Do not be too concerned about their opinion about your disability or otherwise. It is not a decision for the employer or their occupational health adviser as to whether you suffer a disability or not. It is a judicial decision i.e. employment tribunal or civil court.
  9. eforegg Have you considered or made any request for Tribunal Orders yet e.g. disclosure of documents I suggest you get your requests in early.
  10. Unfortunetely the advice of Unions seems consistantly to fall below what could be reasonably expected. Many people post on this forum about poor Union representation. The very first thing that anybody should consider in regard to bringing a case to an ET concerning dismissal and grievances is time limits. If you think it would benefit, then you may wish to ask the tribunal chairman to compel the Union representative to attend and/or disclose his notes. I hope your preliminary hearing goes well.
  11. You may have a disability in accordance with the DDA. In that case, comments such as "Your face is swollen" would be a breach of the DDA
  12. It is not clear to me if your employer has been advised that you have a disability in accordance with the DDA. Has the occupational health specialist actually advised your employer that you suffer a disability in accordance with the DDA and do you have that advise in writing. Alternatively have you written to your employer and advised them that you suffer a disability in accordance with the DDA. You mention that your employer was advised "regarding what would cause me problems and what would not.". Were these day to day activities or work related activities. When you complete the ET1 I advise 1. Write it as a story 2. Include each incident 3. Include time and date of each incident 4. For each incident include the way it made you feel 5. Include everything for which you want a remedy including everything you want compensation for
  13. Have you advised your employer that you believe that you suffer a disability in accordance with the DDA.
  14. Hi I completed my ET1 recently so I've been quite busy. I decided not progress the issue with the Trade Union. However, I did get a nice letter from them which said that they were considering removing the 13 week memebership requirement for legal assistance.
  15. Thank you for your response I hope you are enjoying your Easter break. I am glad to hear you have been on an employment training course. I do hope you enjoyed it. There is confusion in the number system being used on these points. In my post of the 19th March 2008 15:56 I raised two points and numbered the points 1 and 2. In your post of 19th March 2008 16:24 you answered the two points but did not number them and answered them in reverse order to which I raised them. In my post of 19th March 2008, 19:42 I confirmed that I agreed, for the most part, with your first point (which was in fact my point 2 of my post). You have already answered your first point (which was in fact my point 2 of my post) and as I said for the most part I agree. However, it is also irrelevant to my original post It is your second point (which was in fact my point 1 of my post) which you have not addressed meaningfully. I will repeat the outstanding point: I was wondering how you came to the conclusion that in the case of a constructive dismissal there can be no extension in time in bringing a claim to the ET from the normal 3 month period to a 6 month period. For me, a general reference to an employment law book or attending a course does not answer this specific question. You mentioned that your employer unconscionably drags out disputes with the sole purpose of preventing employees bringing a complaint to the ET. The extension of time applies here too, if there is a dispute resolution procedure ongoing (SGP or DDP) at the time of the 3 month watershed then the time limit is extended by a further 3 months to 6 months, automatically. There is a difference between statutory grievance procedures and internal grievance procedures. Statutory grievance procedures are on statute in fact the Employment Act 2002 Schedule 2 and internal grievance procedures are typically codified into company standards. They are not required by law to be the same. The employer and employee are required by statute as a minimum to comply with Statutory grievance procedures. If the internal grievance procedure equals or exceed the statutory grievance procedures all well and good because in complying with their internal procedures they also as a matter of course comply with the Statutory grievance procedures. If the internal grievance procedures fall below the Statutory grievance procedures then the Statutory grievance procedures still apply and the employer will not be able to rely on inferior internal grievance procedures. The terms "Statutory grievance procedures" and "internal grievance procedures" cannot be used interchangeable as you seem to suggest. By the way what is an IT1 ?
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