The judge sitting on the case stated in court to the other side that the settlement will be settled as offered by the other side in no less than 28days of the the day this was in court. The Judge told me that if the matter was not settled on or before the deadline was to contact the them otherwise the case would be closed on 27th Jan 2011 the employer is definitely messing me about. I have contacted their solicitors and have told them that if no payment was received by 12 miday on the 9th Jan i would take the matter back to court. The solicitor contacted me almost immediately and stated that a cheque had been sent out on the 29th December 2010? No cheque ever arrived but they now state the cheque has now been stopped and another one will be sent by recorded delivery. I ask why on earth would you not send the cheque in that way in the first place? So in reality Tribunals are a total waste of time especilly the fact that you end up chasing your compensation. I will be contacting the county court as soon as i have spoken to the Tribunal again.The agreement was not brokered through ACAS but was brokered through the court on the day in question as the Judge stated to both sides to try and reach an agreement on that day while it was in court. Can i still have the original case heard again as the contract signed by the otherside has not been honored. Thanks for your reply.

Hi everyone, Just some advice please. Some of you will know of my Employment Tribunal Case, but i have a question which needs an answer. If the claim is settled and agreed between the Claimant and Respondent at the Tribunal which then goes in front of the Employment Judge who oversee's what has been agreed and a date of 28 days is given by the Responent in which to pay the compensation or award. In my case the Judge directed that payment must be made no later than 28 days but if the claimant does not receive the payment i am to go straight back to court and report that no payment has been received. Now what happens if the employer does not pay up or is trying to sit this out so they won't have to pay up. What exactly would the tribunal do in such cases. Also if you had to take the ex employer to a County Court will the ex employer pay any costs in doing so. What are the options in such a scenario? There is very little i can find on this subject on the net. Thank you in advance.

Just to bring you up to date i won the dismissal case. But i will tell you that this was not easy. The fact that at times i was prevented by the Tribunal in what questions i could ask under cross examination. The judge in the case there fore on the point that would my actions have led to dismissal anyway were highly likely. The judge stated to both sides that an agreement should be tried before continuing the case in which yes my ex employer would have been roasted but i would have walked away from the court with a whole lot less in compensation. So a figure was agreed between both sides and top of this i have secured also a perfect reference for any future employment. Something i do want to make quite clear to anyone representing themselves is what i was directly told by the judge! The paper work is only gone through on the day of the hearing usually 9am. You have right upto the hearing to exchange bundles or documents with the other side. My hearing involved a panel of Three Judges where as my pre hearing only involved one Judge. So i won in some respects both cases the pre trial in which i was found not to have been self employed and was found to be employed. But just thought i would bring this thread up to date. I also wish to thank all for any advice you gave me and much of it was very helpful thank you. Happy Xmas Everybody!!

That is all i can do telling the Truth is something i have been doing all the way through this case which has been a complete nightmare and certainly not cut and dry or in an ideal world easy. I have been totally let down by total idiot solicitors leaving me hanging. Not being able to get this on a no win no fee basis. And the very solicitors who were going to take the case on who were recommended from the CAB were totally useless basically losing everything that i sent them wasting time. While this was going on i contacted a company Going Legal i had an hour long consultation talk and they seemed to be desperate to take the case and appoint me a solicitor. They sent me out an information pack in which i signed for their services and was promised within the next two weeks i would be appointed a solicitor. However i told them the pre hearing was coming up soon and needed someone to represent me.That was about 4 to 5 weeks away and they told me that they may not get a solicitor in that time which they did not but promised me the Thursday after that they would be back with a solicitor. Well i represented myself at the Pre hearing being very cautious of the otherside's solicitor as i did not want to give anything away fearing that this might prejudice me in some way. The following Thursday Going Legal contacted me although in between i did ring them telling them i needed this solicitor and quick, I was told they would be back on the Thursday. They did but then told me they had found a solicitor who wanted to take the case on but because it was too close to the hearing about a month away the solicitor would need time to prepare the case so they asked me to write to the Tribunal asking for an adjournment. I was a little peed off to say the least knowing that they had promised me a solicitor and still i was having to do this. They told me exactly what to write to the court so under their direction i wrote to the court. A couple of days went by and i decided to ring the court to see if any decision had been made. It had and the judge stated that i had been given enough time to get representation! Yes they were correct but i had been messed about from pillar to post! I contacted Going Legal and told them what had been said and they told me there was nothing more they could do i went bleeding spare! I then spent about 10 minutes going through the telephone book and then found another Solicitor, i spent an entire day putting all the documents together in a bundle and took them down and handed them in personally. Only then to receive an email from the Solicitor telling me he could not take the case on a no win no fee basis as it was too near the trial, In yet he had me wasting my time and fuel getting all this together for him. But if i paid him he would take it on.. Out of order! So i have been the one putting all this together and i am not a solicitor and do not profess to be either. Its been a roller coaster ride and not a very pleasant one. Not too nice to be under a doctor being treated for severe depression. When i say contemplated taking my own life over this i mean it because the amount of damage this has done to me is out of this world. I have not been able to get another Job despite me applying for lots of different positions and has since reduced me to being on ESA now which i damn well detest being on.

Thankyou

Sorry also i must stress and point out that when i was sacked i was given nothing in writing, I was not asked to attend any formal meeting in which i was allowed to give my version of events or at least be given a chance of explaining myself. I was given absolutely nothing in writing. And nothing there after was ever put in writing concerning my dismissal. I had also attempted to contact my employer to try to get some formal meeting together where i would have a witness present so i could at least get to the bottom of what had happened and they would have clearly seen i was not to blame. However they ignored repeated attempts to get some sort of meeting together. It was me in the beginning who contacted ACAS and they attempted to get some kind of mediation together. However they were also opposed to even trying to talk to me that ACAS finally told me to You maybe better off taking this to An Employment Tribunal which i did.

Thankyou i was just about to post a link but seeing as you have done so no need to now. Thankyou for this!

No sorry had to leave this unexpectedly so the ending was not correct. Yes this was to do with my last thread. However like i said i attended the Pre Hearing and the pre hearing found in my favour that i was in fact an employee. Based on that hearing plus the fact that evidence against the other side that the dismissal was unlawful the other side have caved in to a certain extent. However the fact now is that they intend to attempt to prove in some way that the dismissal i was partly to blame for which is total crap and i have very good evidence to prove that in no way was anything partly my fault. The fact that i had became very ill and this would have amounted to someone or myself being killed i took a positive approach by stating to my superiors that i needed to go home as i was not well at all. This was largely down to health and safety reasons and i was not in any fit condition to do my job. I had notified all concerned before going home . I have never just walked off site not ever! and have always done my job well and would cover for anyone going sick. Walking off site was never in my nature and something i would never do and did not do here even though i was placing myself in a very dangerous situation where by my actions i could have killed myself or have killed someone. I am just asking is there anything at all i should be concerned about here and what advice could i get here with how i handle them in such a situation as them attempting to lower any compensation. Thankyou.

Hi The case is about to go into court i cannot really say too much on what had happened. But anyway i was sacked not given any right to appeal, nothing was given in writing and the allegations of leaving something on a desk that was needed for my work really does not come into Gross misconduct. So what is happening now is that ACAS contacted me and stated that the other side had agreed that they felt the case was unsafe and feel that it would not be in their interest to pursue it. They made an offer of £1,000 which i totally refused and stated no i would still be taking this to the employment Tribunal. I had already won the first stage as the pre hearing was to establish if i was self employed or an Employee which i had always stated to this company i was. The judgment was found in my favour. However the other side now state that they intend to attempt to lower my compensation claim which is around £25,000 do they have a leg to stand on?

Here, here!! Well done!

Even this is not fail safe as who is to say that you ever put those documents in the original envelope posted by the same means on the same day? The only true way would be to have an independent witness with you a solicitor. Who would know the contents you put in the letter and either he send these for you or is with you when they are sent. I know it sounds pathetic how far one must go to prove anything these days. IT seems that you need a solicitor or independent witness with you at all times what ever you do these days.

Thanks for that information i am not going to go over the top with this only to recover what i am owed or entitled to but yes i bare in mind everything you say. Sorry just another question. I notice on this site that one person has stated what he should get in the way of compensation i thought that was up to the tribunal to work out what ever else in the way of compensation you get is that correct? I have put on mine and have dealt with what wages i have lost as well as holiday i was owed and what i am currently receiving from the state all dates are noted. I have also put on the Schedule how i come to the calculations i have so have shown how i have worked these out. But its that compensation thing bugging me that is awarded or not awarded to you as separate to your claim of what wages etc you are owed? Thanks again.

sarE1 Firstly thank you for your help! QUESTIONS I am sorting out my Schedule of loss form and have found some good advice on how to fill one out. However i am confused as to who this is sent to once complete? Do i sen a copy to the Tribunal and the other sides Solicitor or just send to to the Tribunal. Also in this Schedule of loss can i also claim for things like Debts i have incurred because of being dismissed, but also through those debts i have become black listed and will not get further credit can i claim compensation also against that. I have also read somewhere that if you are representing yourself there is a term called Litigant which means that if you are preparing your own case or representing yourself you can also claim £9.25 per hour is this correct. Thank you.

Thankyou hope that edit makes things more easy to read sorry about that just that i type so quick trying to make sure i put what is needed down. Thanks for your suggestion.

Thankyou.