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R&J

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About R&J

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  1. All is good. That was my understanding of it, we are basically saying the same thing.
  2. Can you please elaborate? I was always under the impression that victimisation was an entirely seperate claim in addition to the usual ud/discrim etc...and something you could claim in a situation where you had raised a greviance or complaint, and were then subsequently victimised as a result?
  3. Unions are shocking. Their solicitors will usually drop a case unless it absolutely certain to win. Don't think that just because your union tells you your claim is rubbish then it is destined to lose. I have taken many a claim abandoned by the union and got a good result for the client.
  4. My understanding is that claims for breach of contract (Wrongful Dismissal) and non-payment of wages can be presented in either the ET or the Courts. If the latter option is exercised they have a 6 year time limit.
  5. Under the Access to Justice Act you are entitled to appoint a Solicitor of your choosing. DAS will tell you this is not the case. Their staff will lie to you, misrepresent the law, and try to force you to go with their panel solicitor, because 'the Access to Justice Act does not apply to your case', or words to that effect. The reason they do this is because they get a kick-back from the solicitor (usually about £600) for each claim referred, if it is taken on. Go see a Solicitor of your choosing, get them to do it on a NWNF, but also deal with DAS. Once proceedings are issued (i.e. the ET1 is filed with the Tribunal) DAS are pretty much helpless to make you change solicitor. The main problem is that DAS don't back employment claims, because costs are hardly ever awarded, and thus they cannot recover them from the other side. Obviously they cannot tell you this, so you get a nicey nicey letter from a paralegal or in-house Solicitor, saying that your prospects of success are so low that they cannot take the case.
  6. Sorry to hear this didn't go well. I remember reading quite a bit about it at the start. Being a litigant-in-person is a daunting prospect, my advice to anyone looking to bring a claim is to see if you have Legal Expense Insurance, usually as part of your home insurance policy. You might be able to appoint a Solicitor and get it paid for by the LEI, however most policies are underwritten by a company called DAS, and it is very rare to see them 'back' a claim unless it is nailed-on to win (i.e. prospects of success above 70%). Another problem is that DAS normally take several months to make a decision, given that the time-limit in most employment law claims is 3 months, this creates obvious difficulties with limitation. There are employment law solicitors out there who will work on a no-win no fee. Under new law passed in April 2010 they cannot charge more than 35% of your winnings, to include VAT. I.E. you get £10,000 they take £3,500. If you have LEI you can go to any Solicitor and they will try and get it backed by your LEI insurer. This is often better than dealing with DAS direct.
  7. It's a real shame that the OP has not told us the outcome. I infer either that they didn't win and don't want to admit it, or that there was an 11th hour Compromise Agreement, which included a confidentiality clause.
  8. Given that this went to Tribunal, and decisions of the Tribunal are public I do not see how there can be any confidentiality clause / gagging order in place. Unless the Respondent realised they were on to a loser and offered to halt the trial in return for a some of money and a confidentiality agreement, perhaps. Either that or the result did not go our way:|
  9. I would like to think the ET had given a Judgment on this one by now. Would be nice to know what happened, especially given the duration the thread went on for, and the amount of CAGgers who chipped in.
  10. Vento applies to injury to feelings, and relates to discrimination claims. Google Unfair Dismissal Schedule of Loss. Various firms of Solicitors have online calculators you can fill in. Do this, print it out, job's a good one
  11. What exactly have you claimed for in the employment tribunal, and what is the legal basis behind the claim? Given that bullying does not, in itself, give rise to an Employment Tribunal claim I struggle to see the big picture, unless you have been harassed and it is linked to sex / race etc...
  12. I assume that the lawyer on the other side is a QC and thus member of the Bar? If they are deliberately misleading the Tribunal on a point they know not to be true there are all sorts of professional conduct issues that arise. I suggest taking this matter up with your own Solicitor.
  13. Hmmm... So you can declare it and get taxed, but if you forgot to declare it and HMRC eventuallly found out, all they would ask you to do is pay the tax you originally owed. ;-)
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