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agy100

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About agy100

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  1. HB - thanks! Being a newbie in an ET court room, I learned a number of lessons. The most important one is perhaps for any future claimant to ALWAYS ask for a full panel of judges upfront - do not save money for the ET! I made the mistake of not asking for a full panel, thinking that the process will be more streamlined and speedier. It probably was, but a speedier but unfavourable judgment is just rotten useless! It is just probable that a single individual judge may get away with errors and mis-understandings a lot easier than with a panel of judges. My judge for some reason has ch
  2. One of the aftermath effects following the judgment is that the Respondent has made a request for me to pay part of their legal expenses amounting to £7,000! The Tribunal has asked me to write with reasons for them not considering this request. The Respondent's request cites Rule 76 (1) (a) & (b) of the Employment Tribunals (Constitution and Rules of procedure) Regulations 2013 (the Rules) for their request. I guess I just need to deal with this particular rule. Rule 76 states that : (1) A Tribunal may make a costs or a preparation time order, and shall consider whether to do so, whe
  3. --- Here is the answer to my own question, just for the benefit of any future reader: The reconsideration fees only apply if a case is lodged after 29th July 2013 when fees were introduced. Whether it is £100 or £350 depends on the type of case, or which jurisdiction it falls under. If it is a case of constructive unfair dismissal, it is £350. Calling the Tribunal is the best and quickest way to find out.
  4. Well, I had a roller-coaster period of time, having had the highs of the trial and the lows of getting the judgement outcome! I felt high at the time of the trial as I thought I presented a good case, said what I wanted to say. But the judge seemed to have taken the respondent's side and came with a surprising outcome: I failed my case - very depressing! There are a number of points based on which I can ask for a reconsideration and/or appeal. But then I am already feeling emotionally exhausted. Does anyone know if the reconsideration will be undertaken by the same judge or
  5. I called the ET, and was told that the Pre-Hearing was most likely to be arranged in the morning set aside for the Hearing, and push out the formal hearing if necessary. Thta makes sense but I will not delay the formal hearing so I will rely on the documents I have.
  6. The List of issues is now submitted as part of my bundle. Another decision to make: I submitted a request for documents from the Respondent, and they replies with some omissions. I applied for an order for additional information/documents. The Respondent replied with nothing (dismissing my requests claiming irrelevance). Following that, the Tribunal has just emailed me with a letter from the Clerk: "Employment Judge MJ has instructed that I ask whether you insist on the Order being granted having seen the respondent’s reply. If so, the case will be listed for a Preliminary Hear
  7. Thanks - that helps! Another thing is the List of Issues. I must have seen somewhere to construct a list of issues with a series of "Question + If yes + more questions" like the following: 1. Did the Claimant make complaints of bullying against his manager on 28/10/2011? a. If yes, did the Claimant express a clear wish to HR about raising a formal complaint on 2/11/2011? b. If yes, did the manager initiate an investigation on the bullying allegations on 15/11/2011 instead? c. If yes, was this investigation initiated in line with any internal procedures? d. I
  8. Would anyone be able to help on the following issue: I have spotted in the letter from the Tribunal about the witness arrangement: "You are responsible for making sure that all the witnesses you want to call can attend the hearing and know the place, date and time of the hearing. Please note that the use of prepared witness statements will not be permitted unless their use has been ordered by, or otherwise agreed to, by the Tribunal." I have not called for any witness myself, but I did ask a former colleague to provide an email about a meeting she had with the manageme
  9. OK - thanks for that. I will add the lot into the bundle. I presume the same goes for the List of Issues?
  10. Hi guys, not been here for a while. Now getting nearer to the Hearing on 2 December! Would anyone be able to share your wisdom on the following question: - Should my "schedule of loss" be part of the bundle for the Hearing? I sent my schedule of loss to the Respondent's lawyer. He has included it in their part of the bundle and also wants all the mitigation evidence. I feel this will distract the bundle away from the actual evidence of the case. Can I prepare a separate "mitigation bundle" and submit it at some point of the hearing? Thanks in advance.
  11. I should add that the second investigation (the disciplinary investigation on my "conduct") was totally unjustified. The investigation was supposed to focus on two meetings I refused to attend: one for 2/8/2011, and the other 4/11/2011. The investigation was unjustified for the following reasons: - At the time of investigating being initiated on 15/11/2011, more than three months had elapsed from 2/8/11 - I need to check the internal procedure whether there is some sort of time restriction on how far the manager would be allowed to go back in bringing such an action on an employee; -
  12. - No I am not a Lecturer in Industrial Relations. I lectured on management. - Precisely I am going along the line of the employer undermined the term of trust and confidence through a serious of events to such an extent that I had to resign.
  13. First of all, really appreciate your comments. There were two investigations my manager set up in a letter to me on 15/11/2011, one to investigate my allegations of his bullying behaviours to me, and the second is to investigate his allegations of my "conduct", namely refusing to attend his meetings. The first is his response to my accusing him of bullying in an email. HR asked me whether I wanted to raise a formal complaint, I said yes but I would do it in December as I was busy teaching. The staff grievance procedure requires who ever complains to complete a form to start a formal
  14. Totally agree - I have documentary evidence to prove every claim I make. However, the law goes further. For example, I can prove that the employer breached implied term of trust and confidence, but how to argue the "fundamental" part as CUD requires the proof to go as far as a "fundamental breach". And then there is the word "unfair". I feel strongly it was unfair, but what sort of lines do I need to take to prove it in court? Do I point to other former colleagues as a benchmark? Or do I highlight the fact that I am the only one who was under the attack by the manager? Or else?
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