Showing results for tags 'tribunal'.
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Hi all, I took my previous employer to tribunal. I won the case and was awarded quite a large amount of money. However my previous employer appealed but thankfully failed. The company is a limited company and should have paid the award by 25th february. After a lot of correspondence with their representative they have now offered to pay the award in installments because they claim they can't pay in full.I don't trust them at all and would like the payment made in full. I am thinking about getting the award via the fast track system but I'm really worried that this is all going to go wrong and I'll end up with nothing. Does anybody have advise as to what to do? I have represented myself throughout but I'm stuck on this one. -
Hi There, I'm hoping someone with experience of how the tribunal work can advise me on this. If a key witness is unable to attend due to sickness, and doesn't provide any sick notes or letters from their doctor (after the case was listed and cancelled due to this) can the tribunal decide not to re list the case? Can the tribunal consider the case in their absence and what factors are taken into account? Thanks Jovanna x
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Before i was on Employment and Support Allowance, i was claiming Job-Seekers Allowance Like most people, i received a Sanction, i appealed as the sanction was in contravention of my disability. Four months down the line i have now received a letter from the DWP saying they have rejected my appeal and passed my appeal up to the appeals and tribunals service. What happens now, and to pass my details to the independent appeals service should have been my choice, why has the DWP done this without my consent, even though i am not going to object to them passing my details onto the appeals and tribunals service. Why was i not given the choice???
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Dunno if this has been asked before, or even if i'm asking in the right place, but can anyone point me at where the role of a Tribunal Judge is defined? TIA
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Hi, I am new to the forum and apologise in advance if I am posting in the wrong place. I was transferred from Incapacity to Esa in October 2011 and placed into the CB Wrag Group. I asked for a reconsideration to be placed into the Support Group this was declined, I then appealed the decision. In November 2012 my payments stopped because of the 365 day rule. In February of 2013 Atos claim to have sent me another questionaire to fill in, I did not receive this and immediatley explained this to Dwp. As Atos did not receive my filled in questionaire back, Dwp closed my claim and sent me my P45. I appealed this decision explaining that I had already told Dwp I had not received the questionaire to close my claim and Dwp sent me another questionaire to fill in, I filled it in immediately and sent it back to them. A week later I received another questionaire to fill in this time from Atos, I am at present filling in the latest questionaire I received and will be sending it back to Atos. Moving forward to 9th May 2013 my appeal was allowed to be placed into the Support Group with a reccomendation I was not to be assessed again for 24 months. My question is, will my payments be reinstated, will I be paid back payments to last November when my Wrag payments stopped, will I still be entitled to the 365 day rule if in the future I was to be placed back into the Wrag Group. Any help will be much appreciated.
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Basically I completed a claim form in July 2010 stating my earnings as £722 nett pay As requested I enclosed my last two payslips which showed £626 nett pay (BR tax had been applied). Benefits office calculated benefit on the amounts on the payslips, which I was unaware of until I recently received a copy of all paperwork. I did not understand the award letter so assumed the calculations to be correct and made rent and CTax payment amounts as shown. Following award letters I treated the same- paying what I was told I had to pay. After a benefit review in Dec 2012 I was told I owed over £2,600 housing benefit and over £880 in CTax benefit. Bearing in mind my income in July 2010 was £722 nett and only reached the sum of £785 nett in Dec 2012 after a 3% payrise, I wondered how this huge amount of "overpayment" could have happened! It is only now, after failed appeals and requesting a tribunal hearing that I understand how these amounts came about, that they used the payslip figures rather than the declared figure on the form. I know this now as I have copies of original claim etc. I have been told that I should have spotted their error from the very first award letter which states "weekly income". I understood the "weekly income" to be an amount that can be taken into account for benefit purposes and not literally my "weekly income". I also hope to argue the "Notify us of any changes in CIRCUMSTANCES" statement at the bottom of letters as my circumstances had not changed - I was still only working two days a week and living in the same council flat. WHY don't they say "Changes in Income and/or circumstances"???? I am fully aware NOW that as my income increased, either because of a miniscule pay increase or annual budget tax code allowances being increased, I should have informed the benefits office. Is there anyone out there think I have a chance of winning my appeal? or can advise me of how to present my case at the tribunal?? Please?? Jan -
Please can somebody advise me? Friend is going to an employment tribunal mostly to recover unpaid wages - employer obviously wants to make him look as bad as possible so he can avoid paying up and has a rather nasty solicitor working for him. Former employer is alleging that friend is guilty of theft - not from former employer but from a third party ( a customer of the employer). As far as we know the customer has NOT said anything has been stolen. So friend in a letter to the tribunal requested that the employer should be required to have confirmation from the customer that these thefts actually happened if they were to be included in the tribunal. It was a long letter and this was only a small part of it. Solicitor wrote back a very nasty e mail (not copied to the tribunal obviously) and said "An employer does not have to prove by evidence that a theft has taken place, but that he reasonably believed that it had and that the employee had participated." I understand that the employer does not need to have the same level of proof as a criminal court but does he not even need to prove that anything was actually stolen? It seems to me that he might as well say that because my friend went to the train station that he stole a train - no he didn't, it wouldn't fit in his pocket! I realise that if the theft had been from the employer that things might be different as he would know for certain that something had gone missing but as the employer does not have any control over the customer or his activities this seems grossly unfair. Any help or comments would be gratefully received. Lizzy -
Hi I would like some advice with regards to my ESA claim. My Esa claim was in appeals process. It went to the tribunal, they sent me two letters one saying i won case in my favour and one saying i have not won the case I phoned them they have said Ive been disallowed and are saying to make a new claim for JSA however I have arthritis and have been deemed unfit for work so in my view why would i claim JSA if i can not work? Anyway ... the lady told me i could claim ESA IF i have a new illness or my illness has worsened, which i believe it has but the problem here is proving my condition has worsened as my doctor is very fussy when it comes to asking for sick notes. What are my options.. can i claim ESA or would I have to claim JSA? Thanks
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Hello, My father recently had a tribunal which went against him, they said that he is mentally unfit for work but physically fit. Anyway... my father has serious back/leg problems and is unable to walk for extended periods of time and sit for extended periods of time. He also suffers from heart problems and nerve problems, I'm guessing that's due to all the stress hes been having to put up with. anyway, he scored 0 points on his ATOS assessment, we then appealed and it was taken to the tribunal where he was given 13 points and as I said above, told he was mentally unfit but physically fit for work. We tried applying for ESA straight away but was told no because the tribunal went against us. (they stopped his benefit before the tribunal even took place might I add). Edit: A little more info. My fathers GP informed my father that he is not to work and also sent letters to the DWP and of-course we had sick notes but they aren't even helping. We're still unsure what to do next...any advice would be appreciated.
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Hi, I would like to thank all of the people on this forum who gave me advice. My daughter won the case. it was a Mental Health case. She had been turned down completely and wasn't even in the WRAG group. I took all the advice given, here, and wrote a statement. I picked out the statements that I thought she could gain points on and then provided evidence for each point. I added to the evidence some of my own observations and picked out the key words after reading the factsheet that Rethink Mental Illness 'WCA' had published. ( it is a factsheet that 'Rethink' have published to help people to fill in the ESA50) it is very good and gives examples. I think that although it is for people with Mental illness that the advice it gives would help people with other disabilities because of the way it is explained. I think it is important to remember that the Judge is only concerned about whether your claim for each area, actually fits the written criteria. The doctor asked questions in such a way that my daughter was fooled into giving a straight yes or no answer. I have read that here before. I had to stop her and I asked her the same question in a different way. Example, the doctor asked her 'can you read?' my daughter answered 'yes'. The doctor mean can you read books for start to finish and that was what she had concluded from my daughters answer. I asked 'can you read a whole book from start to finish'. My daughter cannot concentrate to read a whole chapter or even a few pages, so obviously I got a different answer, but she can read. The point that I am trying to make is that the Doctors job was to ask questions in such a way that it would elicit the least favourable answer from the person appealing. The judge was nice and allowed me to ask the questions and to explain. I think it is a good idea to have someone with you or to even ask the doctor to clarify and break down the question so that you know what the question is aimed at finding out because the doctor is trying to trip you up. The doctor seemed to be very nice and you can get lulled into a false sense of security but she is there to stop you from winning and the judge can only go by what answer you give in response to the doctors questions. If I can be of assistance to anyone then please get in touch. I may not be reading the group regularly in the next 3 weeks but I will have access to the internet if someone messages me.
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I made a claim to ESA when I got put on Pensionable Rate Of Pay in January following a motorcycle accident last summer. Trying to get through to the office was a nightmare, being met with "I'm sorry we are unable tio take your call. Please phone later." for days on end. I finally got through and after the multitude of hurdles to try and dissuade me from claiming, I finally made my claim and got my ESA. Now my wife has had her hours reduced in work and I need to report a change in circumstances on an ESA3 form. The only way I can get this is by phoning them. But for the last 3 weeks, every time I've called (about 6 times an hour on an 0845 number) I have gotten the same "I'm sorry we are unable tio take your call. please phone later.". This is ridiculous. How am I supposed to make a change of circumstances if I cannot get through? And if the only way I can contact the office is by phone, why is it a high rate 0845 number? Surely vulnerable people on this benefit shouldn't be expected to pay these high rate calls? I worked in the benefits sector for 15 years and before I would've took people complaining about this with a pinch of salt. Now I'm seeing things from the other side of the fence and its obvious all this has been put in place to put peo[ple off claiming, or to at least make it as hard as possible. Is there any other way I can get this form other than spending my days continually phoning this crowd with no success?
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Hello. My names Holly. I have joined this group today in a last minute plea for help. Long story short - I appealed against ESA Decision that I am 'fit to work' I have had my tribunal date throught, which is on 18th April. I have a 'support worker' who is supposed to be helping me prepare my case against the desision but unfortantly although all the promises have been made he has failed to turn up to any appointments so im left completely out of my depth to deal with this alone. I am so stressed I cant even function. I have no clue on where to even start. As like many ohers it is my metal health which has been over looked by 'Atso' I have depression, anxiety and stuffer with panic attacks - to the extent I cant even leave my home alone, I can stay with in these four walls for weeks at a time. My question is, 1) How do I prepare, where do I start? Please if anyone could help I would really really apprechiate it:!: -
Had Tribunal in Sep 12 and place into WRAG group. Dec 12 Tribunal Service inform me that my Decision Notice of that Tribunal was incorrect as had incorrect NI Number. Send me a copy with rough written in correction. Have, ever since been in conflict with Tribunal Service to get a corrected Decision Notice showing my correct NI Number. As, of March 13 now have corrected copy. DWP aware and had no comments. I am now asking them for reimbursement of my admin costs as it was their error. I have a letter from them saying sorry and their clerk made errors. I, want to get the matter sorted as my ESA ends at end of April 13 because of 365 limit. (Contributions based) You, may wonder why I took the trouble to chase this matter. Well, it was because of the Tribunal Service making so many errors. SO, PLEASE CHECK ALL YOUR PAPERWORK THAT YOU RECEIVE FROM THE TRIBUNAL SERVICE AND COMPLAINT, IF NEED BE. I am, very worried as to my future and wonder what will happen after my 365 days are up. DWP, has not contacted me. Its making my depression worse and I have bowel problems because of stress. I, may well take a break after my 365 day limit is up and job hunt myself without any pressure from the Job Centre. (This I fear) Live off my savings and re-apply for ESA later, after say 12 weeks. My GP is currently still supplying me with sick notes and my current one lasts until 13th June. Happy days. Thanks all for reading this. I really feel for the rest of you suffering at the moment because of the DWP.
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Hi, I have my tribunal for unfair dismissal on the grounds of TUPE for a three day hearing on 8th 9th 10th April.On Thursday the respondent (the company that brought the old company I worked for) solicitor got in touch with ACAS who in turn got in touch with me (im un-represented) and asked if I want to settle on 3k that is their best offer and wont be offering again! My schedule of loss was done by a solicitor who I paid for and has my los at just over 33k. I KNOW i wont get awarded this much. But I feel its worth a shot at going to court if anything for the experience. Catch- I receive HB, CTB and DLA lowest rate. Will all of this be taken off me if I win? Thank you:| -
i was on esa work related group.. i thought i was in the support group i had 0 points and went to 15 after medical.. after 12 months it was stopped as i was on contributiion based ... i appealed and explained with panic attacks and depression i couldnt attend ... i got a letter today sayin exactly the following.. first tier tribunal social entitlement chamber decision notice 1.the appeal is refused 2.the decision made on 22/05/12 is confirmed 3.mrs ******* remains entitled to esa with the work related activity componmet but is not entitled to esa with support componment. 4.this is becaise no descriptor from sch 3 of esa reg applied 5.the secratrey of state had accpeted that mrs ******** satisfied the cnditoins for the work related activity componment. this was not in issue. 6. neither party requested an oral hearing. having considered the appeal bundle the tribunal decided it was to decide the appeal without an oral hearing and it would be just to do so ... that is all the decision notice says and i DONT understand any of it since i went for my medical i have been awarded mob dla low rate which is the only thing i get ... and also been put on prozac ..and my mum passed away 3 months ago which has made me worse can someone please tell me what i can do and wat it all means
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Hi, I am just wondering if anyone could help me with how I would present her problems to a Tribunal. She has been turned down for ESA and her tribunal is in only a couple of weeks . She has got a diagnosis of Attention Deficit and a question mark against Severe Antisocial Personality Disorder. Her own doctor doesn't seem to have her documents on his computer system because the diagnosis was years ago. He is just giving two weekly sick notes that state she is stressed and anxious. I have come into the situation late on because I thought she had a support worker helping her. She has been given some points for help getting around in unfamiliar places but I think given that she has Attention Deficit that she should at least get points on the sections a) learning new tasks b) being able to finish tasks c) being able to sustain concentration Her personality disorder makes her aggressive, uncooperative, argumentative and agitated when stressed so I also think that she should get points in that area. Most off the time she seems fine so long as she has taken her medication but her behaviour deteriorates as the medication time gets closer. She becomes agitated, argumentative and aggressive. If she is even slightly stressed , like now because she is receiving lower benefit payments, she cannot cope. She can socialise for short periods but lives alone because she cannot maintain a relationship on a continuous basis: she has to get away and be alone to take her tablets. These are the symptoms for Attention Deficit and this is what she suffers from. Before being diagnosed she did self medicate and did try drugs. Anxiety – Excessive worry that occurs frequently and is difficult to control. Symptoms include feeling restless or on edge, easily fatigued, panic attacks, irritability, muscle tension, and insomnia. Depression – Symptoms include feelings of hopelessness, helpless, and self-loathing, as well as changes in sleep and eating habits and a loss of interest in activities you used to enjoy. Learning disabilities – Problems with reading, writing, or mathematics. When given standardized tests, the student's ability or intelligence is substantially higher than his or her achievement. Substance abuse – The impulsivity and behavioral issues that often go along with ADD/ADHD can lead to alcohol and drug problems. Any suggestions or help would be gratefully recieved DMOll -
My husband has been engaged in an ET case with a former employer for several years. The hearing has been rescheduled many times and now ACAS has contacted us saying that the employer is interested in settling. What is the best way to negotiate a fair settlement and is it best to document the amount we are seeking using the original schedule of loss? Can we include the costs we incurred for traveling to the original hearing which was rescheduled the morning of by ET? This has been an incredibly trying situation and we want to make sure we get what we are owed, but don't want to come across as greedy or ridiculous. Any advise is appreciated. -
Towards the end of 2012, I took up employment but was "persuaded" to leave after just shy of 5 months (amongst other things, my line manager had threatened me with dismissal at my 6 month review and made a great play of "how difficult ii is for people to find work at the moment - particularly those who have been dismissed and with a poor reference"). My contract stated that the job would become permanent after this six month probationary period. I have a considerable amount of evidence (both hard and anecdotal) showing, I believe, that I was bullied into resignation but - given the timeline - will an Employment Tribunal even consider considering my claim? Thank you. -
Hi, I am hoping to get some advice. I recently settled a tribunal for unfair dismissal (I represented my husband!) but the respondent has not yet paid. In short, my husband was unfairly dismissed without notice, holiday pay and being owed around £1400 in unpaid salary. He had a clean employment history, no disciplinaries etc. He called the MD to ask if he could work from home one Sunday for a few hours as the fire exits were blocked in the building and his MD called him a some choice names and fired him in the street the next day. It transpired he was trying to save money as he had a buyer lined up. The tribunal was started in October 2012, the then director of the company involved sold his shares in November 2012 without telling the new owners of the pending tribunal. They found out two days before they had to submit their ET3, on 26th Nov 2012. I have it in an email from their representative that they took over the respondent by way of TUPE transfer. They breached the case management orders, they failed to provide any evidence so had no choice but to settle on the day of the tribunal. They have now failed to pay up as agreed and they are ignoring both me and their own representative. It should have been paid by 8th March 2013. I now have the COT3 certificate from ACAS (respondent didn't return a signed COT3) and am on verge of sending the papers for fast track High Court Enforcement. They are now ten days late with the payment and received the letter from ACAS on Friday. We were told they had sent the cheque & COT3 on 6th March which was obviously a lie. I think they are going to try and cease trading without paying this settlement, however, the company that took over is a PLC if this makes any difference. My understanding of TUPE is that the new owners are responsible for this and can claim any award or settlement back from the person who sold the company. Can I try and claim against the new owners as it was a TUPE transer? Or can I reinstate a tribunal as, with hindsight, I would not have settled and let the tribunal judgement go against them. Also, now they have breached the COT3, can I now discuss it with others? Both business are registered with the governing body of that trade as well as trade associations who would be interested in the way this is being handled especially if they are allowing a company to go under in order to take their customers and assets. They work out of the same building, the same telephone number and have the same directors. Any comments/advice would be helpful.
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Good Afternoon, I wonder if anyone can help, my partner is the claimant in a tribunal claim for unfair dismissal that I have been preparing and mediating for the last year, after one hearing that was postponed (respondents neglect) we are finally back to court next week. I would like to know if I am able to represent my partner in the claim? Also, the respondent has been struck out for not adhering to many court orders. Is it as simple as he cannot speak/input at the hearing? He has sent through a bundle of documents 9 months to late and I am now panicking he knows something I dont (When in actual fact I think he is just scare mongering) I am under the impression that we will be presenting our case and that the judge will then rule? Any advice will be greatly received! Thank you in advance! S =) -
I started a new job back in 2010 and i was on probation with the company for 9 months and i realised i was working more hours thank i was contracted for. This with it being a highly competitive sales environment I was very reluctant and nervous to bring this issue up with my line manager. In fact, during my probationary time, two other employees had failed their probation and were dismissed which made me apprehensive to question this issue. When I had successfully completed my probation and promoted, I raised this issue with my line manager. I was told; that these were the working hours required by me, I was not allowed to start after the required starting time or finish before the required finish time; she was not open to discussion on this matter or was prepared to speak to the Senior Manager. I was worried and scared that I would be seen as a troublemaker if I approached senior management directly. The only other option was to voice my concern with the HR team, but unfortunately there was an incident where a Senior HR Representative was visiting our office for a day and was discussing; in detail, a highly sensitive issue concerning another member of staff from another office. This was information that neither I nor my colleagues should have had any knowledge about and I felt extremely uncomfortable being told this information. I was concerned that if I approached HR with my concerns, my confidentiality might not be maintained and the treatment of this individual also made me question the professionalism of the HR Department and gave me cause to feel threatened by HR’s lack of confidentiality and professionalism. I felt isolated and unsupported about my problem and was unsure with whom this issue could be raised without reflecting badly on my career. I raised my issue via a confidential survey asking; why we were the only division ithat were working longer hours than other staff I hoped that the Chairman’s office would read and possibly investigate these surveys, a phone call did come from the Chairman’s office but nothing else happened with relation to these surveys. There was an option in the satisfaction survey to be named, yet I chose no remain anonymous as I felt the consequences would be too great. I felt the repercussions, if named in the survey i could have been that; I would not have been passed positions to fill and this would have affected my bonus and take home pay. There would be times; when I would go into work early, work through lunch and often stay later than my official working hours. When I calculated the number of hours I had worked unpaid it was quite substantial, this is when I decided that to end my employment and seek a new role with another company I approached my employer by e-mail asking for payment of the additional hours. There response was that; staffs were only required to work 40 hours per week and if I chose to do more hours, then that was up to myself and that I would not be refunded for the additional hours which I had worked. I also contacted the company again to advise them that these were my working hours as stated in my contract, that I did not have the luxury of choosing a 40 hour shift pattern hours as there was no shift pattern in the office, I was working from 8.30am to 6pm Monday to Thursday and 8.30am to 5.30pm on a Friday, so I was actually working an additional 2 hours every week which was not reflected in my wages. I am now at the stage where i am taking them to a tribunal. I have completed my ET1 form and received a date for next week. I offered them a settlement which they have rejected. We have been going back and forth for weeks and the judge has asked me to outline my situation. Does this mean what i am claiming for? My initial claim was for unlawful deductions from pay, can i claim for breach of contract? Acas told me I should have done that 3 months after i started but citizens advice advised its 3 months less 1 day from the date i left my employment. Can someone clarify and give me some advice please? Thanks for taking the time to read this and any help is appreciated. -
Hello there, I'm hoping that someone can advise, or has maybe been in my situation. I was made redundant whilst I was preganant and took the company that I worked for to tribunal in August 2012. The case was due to be heard next month, but my solicitor has recently advised me that the main witnesses of the company have gone off work long term sick. This is following me submitting all of my evidence, which is quite strong evidence, a few weeks ago. They intend to ask the tribunal for a postponement on this basis, which I have agreed to so it doesn't prejudice my case. So it;s now down to a judge to decide whether they are granted a postponement. But my question is, how many times can they do this? I feel that they're being crafty because I've got good evidence. I've left the company over 9 months now.. -
I need help please. I am claiming for disability discrimination at the tribunal. Unison decided not to represent me because their legal advice stated that I had little prospects of success; however if the tribunal where to decide that the items in my claim amount to a continuing act the my chance improve to more that 53%. Anyhow I got the sense that Unison lawyer are rubbish and do anything they can to turn down cases so as to safeguard the single yearly lump-sum they get from unison. I have suffered from long term work related stress and other chronic ailments that are aggravated by stress. I was bullied at work by my supervisor which resulted in work related stress, depression and worsening of my chronic illness. In my grievance I requested a change of department as my relationship with management had broken down and was causing me mental health problems and deterioration in my physical health. I have a heart problem and take beta-blockers that make me tired and impact on my ability to carry out my duties. I have since moved to a new job and cut down my working hours from full-time to part-time (2 days a week). The responded in my case has stated that they did not discriminate against me because their Occupational Health adviser did not recommend reasonable adjustments because of my disability but because the relationship between myself and my managers had broken down, although the report mentions work related stress and my other health ailments and how the stress has impacted on my ability to work. Now how do I challenge the responds assertions? -
Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ? -
Hi there, would appreciate any help and advice!! Just don't know where to turn next... I'm trying reclaim money owed to me by an ex employer In brief I have been through an employment tribunal, awarded £2,200.00 – have a high court writ, instructed HCEO Bailiff to no avail as ex employer had been accepted for an IVA. Over a year, not a penny paid to me, I’m now informed the IVA has failed and according to the IVA company she “will seek alternative advice regarding her debt position”. I feel this is the best time to try and reclaim my money, but think I could benefit from some professional help this time Can anyone advise me?? thanks in advance
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