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SweetLorraine

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Everything posted by SweetLorraine

  1. SweetLorraine
    Thanks for the advice antone, yes, the redundancy pushed my assets over £16k. I applied for contribution based JSA only.
  2. SweetLorraine
    Hi, I signed on a couple of months ago after losing my job through redundancy. Because of the redundancy payment I am only entitled to contributions-based benefits. I get a JSA payment of £71 per week. Last week I was given a job application action plan and I noticed in the blurb that (according to the JobCentre) I do not pay rent or Council Tax. In fact I do live in rented accommodation and I do pay Council Tax. I asked the job advisor to change the statement but I was told it didn't matter and it wasn't changed. Am I entitled to 'contribution-based' housing benefits which would cover my rent (to some extent) and Council Tax? If so can I get it back-dated as it appears to be an error made by the JobCentre? Any advice would be most helpful.
  3. SweetLorraine
    Good news littlemissy, hope you are happy with the outcome and you can settle down and look forward to the future. Xmas may be all the more enjoyable with this all behind you. All the best.
  4. SweetLorraine
    Spot on advice! The other side provide most of the twists and turns on roller-coaster of course. Try to stay strong and on board - if it gets far too much just stop the ride and get off; especially if you can honestly say to yourself 'I gave it my best shot'.
  5. SweetLorraine
    If you have a (signed?) agreement stating your contracted hours refer to that. I don't think there is a template for this. Just keep it short and to the point. And polite of course.
  6. SweetLorraine
    Hi littlemissy, survival tips? Do try to get some sort of legal support advice. Employers get away with less tricks if you have a legal advisor/support of some kind. The link below might help point you in the right direction. http://etclaims.co.uk/getting-advice/ Amazingly your household insurance might even cover your legal costs! Given your financial circumstances maybe a law centre could refer your case to the FRU (as mentioned in the link above)? The stronger your case the more your employer will try every trick in the book to trip you up and dispirit you. It's a perverse logic, but the more they hassle you, and try and disrupt the process before the hearing, the stronger you should feel. Don't take it personally - most employers would do this to any of their employees who dared to take a civil action against them. It's personal to you, not to them. Try to get everything in place, written up, compiled, exchanged as soon as you can. It gives you more lead time ahead of the hearing itself and puts less time pressure on you as you approach any hearing date. Don't react instantly to any email/stunt you employer might pull - they are designed to unsettle you. Take at least a day out from responding to anything from your employer. Seek the emotional support of your family and friends. They probably won't have the legal answers for you, but they will want to carry you through it. They can also offer sensible everyday advice and help ground you. I made a wrong call the day before my hearing and withdrew. I wish I had had someone to hand, with a clear head, who I could have turned too. I tried to do too much on my own. A problem shared is a problem halved they say. Leading on from that, perhaps ask yourself how much fight have you got in you? If you are Bodicea and up for a long scrap and no-one is going to tip you out of your chariot you should be fine. Most of us aren't so tough though - that's why some of us find ourselves going down the ET route perhaps. If you feel you will need emotional support look for it now, because you will need it later along the road. There is a handy little book (only about 150 pages in paperback) called 'Man's Search For Meaning' by Viktor E. Frankl. It might be worth a read to help you along. It sounds like it is a heavy, bleak read - it isn't, and there are lots of ideas and/or stories in there that may lift you in the dark times. It's the sort of book you may return to again and again for some solace and support. Use the website here as much as you can. There are people here who will always wish you well during your time of need and will be happy to try to help you. Many have gone down this road already and some are even legal experts with goodness in their hearts. Finally, don't lose sight of yourself in all of this. If it is all getting far too much for you, take a step or two back from the situation. If you can't go on and it is affecting your health and happiness too much, then just walk away from it all - you have that choice. All the best.
  7. SweetLorraine
    I withdrew the day before te hearing date; turning up without any of my evidence in the bundle (thanks to the respondent) would have been a waste of everybody's time! So no it wasn't a 'no show' on the day, that would have been out of the question, certainly disrespectful to the Panel. The Tribunal emailed me on the day before the hearing to tell me that they had accepted my withdrawal. Looing back I was so confident beforehand, but without my documentary evidence I felt completely lost! Completely bambozzled by the other side. It has been three weeks now, I have heard nothing more. It really is the end of the process then. I need to shake the dust from my sandals and move on.
  8. SweetLorraine
    Thanks for you kind words lindyhop, still benused by the turn of events - but, hey ho, onward and upward. I asked the Tribunal to reconsider my withdrawal decision and view it as a postponement request instead. We'll see.
  9. SweetLorraine
    Hi wheresspot, posts 25 to 28 on page 2 (entitled bundle make up) of my long thread (entitled SweetLorraine's ET thread) might give you the answer to this (becky2585 is pretty good on such matters). It would seem that you need to include those documents. Since I my mistake I have spoken to another ex-employee from the same organisation as me who was successful at ET. My ex-employers played fast and loose with the content of his bundle as well, fortunately he could afford a solicitor who was able to counter most of the strokes they tried to pull. I guess if you are not represented the respondent can get away with this behaviour without censure from the Tribunal. Good luck - I hope the posts I mentioned help.
  10. SweetLorraine
    Thanks again becky2585, the only 'bundle' the Panel had seen and perused, was the one for the first hearing prepared solely by the respondent. I felt I had a strong case, however I did realise that I was in completely unknown territory in a Tribunal process and so I set my mind at a 50/50 chance of success as things can go wrong. As I would be by myself in the hearing I figured my only two 'friends' would be my witness statement and my evidence and both had to be strong as could be. I believed that the 'loss' of my evidence at such a very late hour weakened my witness statement alarmingly. The Tribunal were willing to discuss this state of affairs before the hearing began - but I strongly felt that a hearing couldn't possibly commence with my evidence missing. I didn't think the Tribunal would postpone the hearing again (which may have been a complete misconception by me), and I hadn't seen the opponent's statements. In the moment, the afternoon before the hearing, it was like someone turned on a pressure value and everything came crashing in on top of me. Awful, awful heavy pressure. I hadn't really cared what the opposition's witness statements had to say, with the documentation I had I was fairly sure it could be shown that they were not telling the truth. but if I didn't have my evidence in place, then how could I counteract such statements? I felt myself shut down. I think it would be fair to say I lost the plot entirely. I shouldn't have.... but I did. I think I got things out of proportion. I had no-one's counsel but my own. I should have spoken to a couple of friends for support/advice. I didn't, and took the decision to withdraw. I think, perhaps, I made the wrong call. I felt dreadful for the next couple of days, but I am now minded of the 50/50 chance I gave myself overall at the beginning. In the face of a legal team who knew how to 'play' the overstretched local Tribunal service, I have had to accept that I put a foot wrong and sank like a rock..... in skunk pee. I'm beginning to feel a bit better each day. If the Tribunal does stick me with some sort of costs I always have the option of an appeal against that decision. So that is something to hold on too. I can begin to concentrate on looking for a new job (my JobCentre job 'advisor' is driving me nuts as well) and put all this behind me. I feel very bashed about at the moment, but I'II be OK. Lessons learned? The respondent screwed you over, that is maybe why you are in an ET process; they may well continue to lie and harass you. It's nothing personal, it's what they do, taking care of business. Try to be objective and don't take it personally (but you may at times). Don't try any do everything on your own (I did). Seek support from family and close friends. Look for legal advice right at the beginning, and get your solicitor to give you advice on the merits of your claim and your chances of success. The first legal person I engaged, thoroughly charming, never advised me on my case strategy etc; just engaged my employer in a series of emails and phone call exchanges that took me nowhere except into the red with a bill for £2k. I asked to see the copious emails he had sent my employer. He refused. Hmmmm. He had to go. I had a strategy brief with a second solicitor. Excellent advice and reasonable fees. I wish I could have used her more. I should have actually. If you have found this site, keep using it; it is wonderful, indeed the advice I have been given at times by the contributors has allowed me a goodnight's sleep instead of lying there waiting for the dawn. If you are new to the ET process there are plenty here who have been down that road many times before you and will be happy to offer you advice. And whatever happens in the end, win, lose or emotionally drawn into it (another mistake I made), you tried as best you could, so many things can go a different way from what you may have antcipated; it happens, nothing is 100% certain, especially when the respondent starts spinning a line or two When it is over try to move on from that episode.
  11. SweetLorraine
    Thanks Pusillanimous, the only thing I found C. v. C. was a divorce case in 1975. The antics of the respondent affected my health prior to the first (adjourned) hearing; in retrospect the respondent served up more of the same sort of tactics, but supercharged this time, just a day or so from the rescheduled hearing which actually made me affected me worse than the first time. The Tribunal did not step in to stop this. Perhaps it's not their job to do that? If I had been able to turn up for the hearing, at best, I would have been a fumbling mess. And now I might have to pay for the time the respondent took to work up these tactics which affected me so badly? It is a madness surely? What is to stop the respondent claiming that their whole legal department spent six months of their time on this claim?
  12. SweetLorraine
    Costs? I can't see that standing up. The Tribunal ignored my requests/warnings and the respondents duly screwed up the bundle process. There is my time and costs to consider as well.
  13. SweetLorraine
    Thanks for your kind words becky2585, I didn't see it coming at all. Got very drunk that night and awoke the next day to the sight of the notes, books, etc; the darn witness statement waiting to read, highlighted, underlined - all gone thanks to some dumb, clunky sleight of hand in the process, not the hearing, and I made a bad choice as a result. I now realise that all along I have just been standing downwind trying to have a peeing contest against a surfeit of incontinent skunks.
  14. SweetLorraine
    That advice would have helped enormously Pusillanimous. The respondent wrote to me late on Monday and refused to add any of my documents to the bundle ahead of the hearing (Wednesday). The 'original' bundle was one that the respondent put together without me, with only about 15%-20% of the documents I needed. I went from feeling confident to a mess very quickly. I couldn't present my case without my evidence and I still hadn't seen the opposition's five or so witness statements. I wrote to the Tribunal and asked for a decision/support on this before Tuesday evening. The Tribunal wrote back to say they were prepared to discuss all such issues on the morning of the hearing itself. Well such a hearing would have been a travesty. I saw no option but to withdraw. I wish I had put up more of a fight; it was bad enough having to deal with an aggressive respondent's legal team, but having none of the crucial support from the Tribunal left me spent. Imposing a revised timetable on both sides would have flagged up/avoided these issues. The respondent pulled tricks around the bundle for the original hearing and came back with more tricks second time around. In effect I never got my chosen documents into the bundle. I'm totally exhausted. Can't believe it ended like this.
  15. SweetLorraine
    Hi, for my original hearing date the respondent quickly put together a bundle without any input from me using selective documents from my internal grievance hearing. The original hearing was adjourned. Since then I have compiled my evidence and handed it over to the respondent. My documentation alone is roughly four times the size of their original bundle. Close to the hearing the respondent has now refused to place any of these documents into the bundle ahead of the revised hearing. I can't just turn up to the hearing with six copies of my documents which dwarf the original bundle. (I can't afford the copying if nothing else). Any advice? I can't believe that the Tribunal would allow the respondent to put together a bundle with no input from the claimant and then be allowed to refuse to add the claimant's documents to the bundle.
  16. SweetLorraine
    Looking back over this thread I agree with ms_smith we are wasting our time with you aren't we? You may be barking up the wrong tree darling. And if so, regrettably it's your time you are wasting as well as ours.
  17. SweetLorraine
    No, I didn't say that - you are the one talking about going to the High Court. I'm saying go through the EAT process and see how valid your case is.
  18. SweetLorraine
    Hi ms_smith, it isn't at all clear what you are talking about I'm afraid. Perhaps you should concentrate on success in the EAT appeal process for now - focus on the outcome you are seeking. You may be very angry after a decision went against you. I believe most of them do go against the claimant if they go to a full hearing (stats anyone? I think I heard someone on Radio 4 say it was 9 out of 10 claims fail in the hearing - I could be hopelessly wrong with that ratio though). What I am saying is that you are not the only one, there are loads of claimants that may well feel as strongly as you do - and the ET courts have an appeal process set up for that very thing. Take a liitle time to reflect on things. If you feel you still have a strong case - don't get mad, get even. If you know in your heart that you haven't a strong case - well, you gave it your best shot, dust yourself down, walk away, enjoy your life. High court applications etc;? No, please don't do that to yourself.
  19. SweetLorraine
    Yes they did, I requested documentation from the respondent. They took so long to supply what was requested that we went past the original dates for the bundle to be produced and the witness statements to be exchanged. (I kept the Tribunal informed about this). I tried to get the respondent to agree to a revised timetable - they ignored those efforts. The original hearing was adjourned and ahead of the new hearing date I have written to the Tribunal nine times so far requesting that the Tribunal impose a revised timetable for the exchange of lists, statements and the creation of the bundle, and, unfortunately I have not had one reply back from the Tribunal. The respondent recently applied for an 'unless' order if (i) I didn't supply them with my evidence (ii) my witness statement. Of course, as soon as I read that request I gave up waiting to hear back from the Tribunal and I supplied my list and documentary evidence to the respondent straightaway. The respondent did not give me a list in return and the bundle has yet to appear! The Tribunal have not issued an 'unless' order. Well, not yet anyway.
  20. SweetLorraine
    Thanks once again becky2585, I'm just prepping up around the edges now. Oddly enough as I have got nearer to the hearing I have got more confident. We will see in the next month or so if that confidence was well-founded. Re an earlier question, I am right in thinking I must be given the paginated bundle by the respondent so that I can insert the relevant bundle page numbers into my statement before we exchange witness statements? They seem to be insisting we exchange statements before the bundle is ready!
  21. SweetLorraine
    Almost there! along with the previous question above could I just ask, when I produce the 'extra' documentation for the hearing, such as a chronology and cast list, is it the respondent's responsibility to make copies for the Tribunal hearing and circulate them or is it mine? Minor points I'm sure, but I make to make sure everything is just so ahead of the hearing. All advice appreciated as always of course.
  22. SweetLorraine
    Hi, my witness statement has been ready for some time now - however I have yet to receive the bundle from the respondent.so that I can paginate my statement with reference to the supporting documentation in the bundle. The respondent is now putting pressure on me to provide them with my witness statement prior to the bundle being collated and paginated. I am right in thinking that I have every right to insist on (i) having the bundle first, before any witness statements are exchanged? and (ii) my statement is clearly paginated so that the Tribunal can find the supporting documentation in the bundle which verifies my statement?
  23. SweetLorraine
    Ah, I see. Makes good sense. Apologies once again HB, for being a madness in your method.
  24. SweetLorraine
    Eek, sorry for creating the extra work for you Honeybee13, I thought if I kept threads subject related rather than member related then there might be topics that others could pick up on directly rather than the febrile legal fumbling of an individual. SL
  25. SweetLorraine
    Hi bluelemon27, I believe both sides can continue to add to the bundle - even on the day of the hearing either side has the right to roll up with something they may wish to include. (The other side may ask for a short adjournment to consider the effects of the inclusion of the documents at such a late stage). So, maybe additions to the bundle are not uncommon. Maybe the following website and blog might help you. http://etclaims.co.uk/tag/bundle/ Regards

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