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manxmoo

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  1. Don't wish to worry you, but can the ET order the claimant sell their home to cover costs? I notice a recent case- Gary Howman v ..... where the only equity he has is in his home. He has been to the EAT and back to tribunal for several appeals. Not sure what the outcome was? Seems crazy that an ET could make an order for the home to be sold. What if the ET has made the wrong judgement and the claimant has to suffer 'life changing' costs orders, on the judgement of a judge who may have got it wrong!! Seems crazy!!!
  2. My ET claim is at the stage where disclosure list prepared. Just wondering what is the situation with text message evidence. Is it enough to type up messages with sender details, date time or is it necessary to have screenshots of messages? How does the tribunal know that the messages are accurate and not falsified? Also, are original emails a requirement? Thanks
  3. Hi! I have a deadline approaching shortly, which is to submit a list of documents to the ET and also to the respondent. I presume this will be the documents which I intend to use at my hearing next year and I believe they can ask for copies of any documents on the list? My question is should the list include witness statements or are these just included in the bundle at a later stage. Thanks!
  4. Hi all! It's been a long time since I last posted! So much has happened to me, but it looks like I'm now pushing ahead with preparation towards my ET. I have been through an awful lot and things are so complicated! Last year I submitted a claim for whistleblowing detriment and then constructive unfair dismissal for the terrible harrassment and bullying I suffered. I attended a CMD where my former employer requested a pre- hearing review and costs order. This was turned down by the judge due to the huge amount of evidence. I was given the date for a full hearing in 2014. Ages off! Sadly, late last year I was diagnosed with cancer and had to have emergency surgery. Terrible shock for us and doctors believe the terrible trauma I suffered at work may have contributed to my illness! I cried every day for weeks! My solicitor has talked to me about trying to negotiate a settlement with my former employer due to my illness and the additional stress of the tribunal. We've agreed to this. My former employer it seems, is ignoring the communications about settlement, so I'm now going to continue with deadlines set by the judge, with the next one being in the next few weeks! I suppose it just makes me all the more determined to go all the way with the ET to try and right the wrongdoing, get some justice for what I've been through and for my family, as I've lost so much, including my health! I cry every day about it! Can't believe how cruel some people are! I'm going to prepare all the documentation myself, with advice of a solicitor in the background and then pay for a barrister for my 2 week hearing. Even if I don't win, I'm now determined more than ever to highlight the wrongdoing. I must add, that I have been informed from an assessment that was carried out, that my claim has a good chance of success. We're very very bitter about it all now and my family are completely supportive. I have to prepare a list of documents for the ET and wonder whether it should contain witness statements? I haven't written to my witnesses yet so wonder if there's a template on the web which I could be directed to for guidance? Need to get on with it ASAP, but had so much on! What happens if witnesses refuse? I expect they will! Sorry to ramble on! Need to do as much as I can myself to save money ! Thanks!!
  5. Great news! Judge decided no costs or deposit and my case to go directly to full hearing, due to the amount of evidence to be heard and also in public interest! A long way to go but feeling positive!!!
  6. I have a CMD coming up in the next few weeks. On the ET3 my ex employer has requested a strike out. There is a great deal of evidence to support my case so am I better hoping that the judge proposes to go to a full hearing, or should I request a pre hearing review? My claim is now very complex, involves whistleblowing and constructive dismissal. I believe a pre hearing review is a public hearing? I suppose things will come into the open if we get to that stage, which doesn't concern me at all!' Going it alone, but I have counsel that will take on my full case if we get to hearing! Thanks
  7. Well my insurer has turned down my claim for cover for my forthcoming employment tribunal stating that I have less than a 51% chance of success. This is in contrast to previous assessments I've received! Think this company that acts for lots of insurance companies ( been mentioned previously on this forum) and they have a way of 'wriggling out' to reduce their costs! They previously tried to tell me that I would have to use their firm of no win no fee solicitors. I believe this is now against the law! Will a counsel you've chosen to represent you be willing to give a percentage chance of success? I suspect not ! Does anyone have experience of being turned down by this company? If I should go on to win my case would I be able to claim against them? Feel totally let down as been previously informed that I have a good case! Very difficult to make a judgement when there's conflicting judgements! I suspect these 'sharks' deliberately predict low chances of success! Is there any way of challenging this decision? Thanks
  8. Hello! I resigned for constructive dismissal several weeks ago having had legal advice from employment solicitor. I am applying for jobs as need to work! The application asks if i've been dismissed from a previous post. Might seem like a silly question, but is constructive dismissal legally viewed as dismissal? Doesnt look good on the application but need to be honest so perhaps should mention resignation? Has anyone experience of trying to get new employment after constructive dismissal? Hope its not the end of my working life!! Also need reference from previous employer! Not going to be easy i know! Perhaps i'll need to request a SAR if i dont get anyway! Thanks! Thanks
  9. On-going employment issues have been absolute hell for my family and i. We have so much sympathy for anyone going through it. This forum is such a source of comfort, knowing that they are people who understand. The lies and deceit have been awful and i cant believe that so called professionals can be so dishonest. Hopefully one day these people will get what they deserve! We need some advice on current issues. How will a tribunal view investigatory minutes that have been altered so much, removing facts to support my husband's case, changing tenses to distort meaning etc. I can not believe how dishonest they can be. It isnt just errors by the minute taker and my husband has all the necessary evidence. How can a fair disciplinary meeting take place when there are so many discrepancies in the investigation? Any thoughts on how to proceed with this matter? Many thanks to all the fantastic people on here!
  10. I have a been with my union for many years and have never had cause to request their assistance until recent difficulties at work. Paid subs without fail! Their initial response for assistance by the local rep was extremely poor! Never consulted me before meetings and turned up late showing very little interest! They finally abandoned me for reasons i wont go into and i know this is very common where there are costs for them. I continue to pay my subs to them but not sure whether i should stop this! Perhaps a silly question, but by continuing i feel that i will have a better means of challenging them when things are completed! The worrying thing is that i've received information that the union rep is collaborating and sharing information with my employer against me, providing information that i believe to be confidential! I feel totally let down and worry they may be called as a witness to give evidence against me! Not sure what though but i wouldnt trust the woman at all! Should i complain to union or higher! Difficult because i've been tipped off by an inside source ! Thanks caggers!
  11. I'm new to the forum, but have been watching and following threads for some time. My partner has been going through a very difficult time at work and he is now at the stage where resignation may be the only option for him due to the on-going discriminatory action of employer. He has suffered from depression for nearly two years and GP has referred for psychiatric assessment and meets criteria for DDA. Employer refuses to make adjustments and sickness absence has put him at risk of competency dismissal. An investigatory meeting was to take place and he's been waiting for it for nearly 6 months now. Spoken to acas, have support of union. Money will be tight, but impact of current situation is so bad that its just not worth it! We will be filing an ET1 with tribunal. Just one question at moment. Is it possible to resign and claim constructive dismissal with a notice period, therefore being on full pay for notice period? Many thanks
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