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Mariachida

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Everything posted by Mariachida

  1. news of the day the tribunal has accepted to postponned the mediation the company refused unless the hearing in february is aslo posponned. meanwhile the company has contacted ACAS and proposed 5000 pounds as settlement that will cover the legal costs i already spent I will ask at least six months salary and in the schedule of loss i asked a year plus injury of feelings....the answer of the company was that i will obtain a max of 12 months plus some money around 30000pounds so I might ask 20 and accept 15 will see
  2. Hello I finally received the counter schedule ( i am unemployed since a year so 12 months salary nothing for injury of feelings etc), they are proposing nothing .... They are saying that if I win, this is the amount they think I might get. Their Expectation is thatI will be commercially sensible, which means that I will negotiate knowing that I may not win at all...it is a big company in UK...so they can be arrogant... they wanted me to attend the mediation by phone...I decline it as I am working will see what will happen...lost battle maybe
  3. a fair question...only for you I really thought that it was an unfair dismissal and as a French i thought I have a case etc...in France it is quite different..my mistake, it is not so complicated and far less expensive ( legal costs) employees are better protected, UK it is the opposite companies are "protected"
  4. Thank you I was wrongfully waiting for the counter schedule...to propose a figure I doubt they will propose any money... they put ET3 and then they criticised so much my scott schedule.. now i am waiting for their view on the schedule of loss since august.. will see regards
  5. thank you i just started to work, i would need to take two days off to be at the tribunal on friday. I am in France not in UK, and would need someone for my daughter... plus to prepare the mediation..with so much documents etc... it is too much for me... too much stress now the risk is that the company asks me for legal costs...wouahhaah this is so different here i will see with my solicitor tomorrow> I am still waiting for their counter schedule...sthey have told us they will send it...last Thursday... it is a big company in uk ..it is was crazy to fight them thank you
  6. dear all I am now not living in uk it has been a year since i was fired It is time for the mediation but i don t want to go i spent already too much money my sollicitor is not really convinced that i will win some money i received no anwer after the schedule of loss...staill wating for the counter schedule and the mediation is on friday!! this friday i thought i could just stop the process but my sollicitor told me that I must go i just founf a job two weeks ago, difficult for me to take two days off... and i am tired of this story so much money and stress what are m
  7. Thank you I already prepared the schedule of loss..will see keep you udpated
  8. hello the respondent has accepted the judicial mediation...i am surprised... thanks need to prepare this.. regards
  9. Hopefully they will accept a judicial mediation...and a settlement will see what will happen...we have propose a judicial mediation today..
  10. i wish it is possible ..it is one of the biggest company in UK...anyway they were convinced that the case had no chance to go the the tribunal..so... my solicitor seems to think about the judicial mediation as the best choice..so will propose it and see what the respondent says.. do you think that we can contact directly the respondent...and to save some money and time, try to agree on a certain amount of money...or do we need to have this judicial mediation at the tribunal ( a day I think).. thnks
  11. indeed I can represent myself...is it advisable... .
  12. Hello I have some news: I realised that it is crasy ( costly) to fight a big company anyway after the ET1, the scott schedule and the CMD hearing, there will be the hearing at the tribunal for unfair dismissal and victimisation. I have withdrawn protected disclosure following the advise of my sollicitor. Tribunal hearing in feb 2014, respondent has 5 witnesses. the respondent proposes 7days hearing (we have a lot of documents to read :emails reports grievance, grievance appeals dismissal appeal etc..!! for me now the best is to propose a judicial mediation otherwise I ca
  13. Hello I have some news: I realised that it is crasy ( costly) to fight a big company anyway after the ET1, the scott schedule and the CMD hearing, they will be hearing at the tribunal for unfair dismissal and victimisation. I have withdrawn protected disclosure following the advise of my sollicitor. the respondent proposes 7days hearing (we have a lot of documents to read :emails reports grievance, grievance appeals dismissal appeal etc..!! for me now the best is the judicial mediation otherwise I cannot afford so long procedure...
  14. Hello it took me time to write the Scott schedule I detailed it a bit too much according to my solicitor but it was acceptable and clear about what I claim. Some claims are weak ( protected disclosure) some will depend on the judge opinion I assume ( victimisation and unfair dismissal). Now the respondent came back saying it is unclear difficult to understand and asks us to pospone the CMD hearing...which was already rescheduled 2 months ago as the judge requested this scott schedule. My solicitor found the document clear...it is not well written as English is not my mother tongue and
  15. i misunderstood the judge...he was talking abot scott schedule....
  16. hello i had the CMD, but the judge wants more clarity about my claims as some of them are overlapping each other ( unfair dismissal, viticimisation, blowwistle) ..he needs a "schedule of scope"..detailed table about incidents, date, people involved and legal issue...So everything is postponed until i have prepared this doc and the respondent has reviewed it ...aarghh
  17. Hello I want to list my reports as my boss said that they ( reports and my work) were below company standards therefore..i should be dismissed. I have wrote a report when i joined the company...i don t think my style is worse after 5 years in the company..then when I arrived. anyway... ok maybe i am not that clear about what means wistle blowing..( it is written in one of my reports that the products imported are not compliant to regulation...and none of my managers moved....and colleagues said that due to the lack of resources the key points were cost and delivery...could you imagi
  18. hello thank you very much. I put in the ET1 : unfair dismissal, discrimination, and other . I might mix things as it is quiteemotionnal...and the judge wants facts proof etc.. i tick the box blowistle. anyway in the bundle of documents: i will list the grievance docs, letters to HR complaining about my boss and my work situation what do you think about the director advising me to leave the group? or my manager sending me kindly job advert form other company? if i start to add the job description I apply to, together with the reports I wrote, commented my manager assessment
  19. I don t want to hide something to my former employer, i think it is strange to send to them list of documents, etc..what i hide was that i moved country.... this is fine I will detail what i claim in the schedule of loss ( loss of earning less what i received as JSA in UK and in my country) I received my JSA two weeks after being dismissed...as they paid me my 3 months notice i thought i would received JSA only at the end of the 3 months. so i did not go directly to jobcenter. I lost my job 5 months ago!! mitigation of loss: I have applied to job offers...but not yet succesfull I kept a
  20. hello thank you I started to complete the schedule of loss. Do I send it to the tribunal only or also to my former employer? i moved back to my country as I was so depressed and needed support ( even the OHES doctor from my former company advised me to find support when he saw how bad I was) , therefore I receive no JSA for the time being..I closed all my admin papers in UK. do i need to inform the tribunal...? I fear that my former employer will take advantage of it... do i need to explain how i calculate compensation e.g.18000 for personal injury ( stress work related - see off sick
  21. hello another question, six months before being dismissed, I asked HR for a solution as the abd situation at work was impacting dramatically my health and well being. HR proposed me to leave. as i refused the comprise agreement I had to pay the solicitor. I was back to work knowing that they will find a way to get rid of me sooner than later. the grievance ( hundred pages ) bought me some months within the company as they needed to investigate the case... is this fact important for the tribunal? or can I claim fees for the solicitor, I had to pay the solicitor before returning back to
  22. Hello I have a question: do I need to send the documents to the respondent too? or just the list I refer to? Do I need to send the schedule of loss directly to the respondent or the tribunal will forward it? In the remedy: is it enought to write: compensation If nothing is yet agreed between parties ( documents, witness etc) is that acceptable? i dont see myself communicating with my former employee!! it is asked if party requires further guidance on any matter ?? yes I do, what kind of guidance they could provide? they ask if we need adjustment? what that means? i am calculati
  23. thanks you I found out waht was JSA or the Vento guideline... it is so complicated...
  24. Hello Thank you very much many words ( never heard about statuary formula or JSA), i did not understand clearly but will look for information ( don t forget it is technical jargon and i m a foreigner) : I don t have a solicitor yet, knowing the fees I have indeed contacted one, requested advises, but it was for the ET1. now as i tought the company might have proposed a settlement...I am preparng the CMD as much as I can so that if I need again the solicitor I would be more prepare. If the solicitor takes one hour to explain me just what is a CMD etc..then an hour to clarify some
  25. hello thank you It worked for a big big company, well known which has probably a legal team and maybe in house solicitor I tought they would propose me settlement before the CMD...which is next week...they have tried nothing since they received the ET1. For me ( I might be wrong) they would have prefer to avoid CMD hearing...or they really don t care about money for their solicitor. They know that the fees for my solicitor could be a problem for me... how much i can ask is crucial, it has to be realistic...as I am a foreigner , in my country we would have a different approach..
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