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  1. Hi, I have an employment tribunal hearing on Monday. I worked with respondent for 4.5 years. resigned because of 4.5 years of harassment, bullying, race discrimination. Faced numerous ageist comments from one of employees during first year. Denied promotion opportunities, put through capability assessment in 2015 which lasted for 7-8 months despite GP advise against it. It affected my mental and physical health a lot. Denied smallest of 'work from home' request when contractors and some of permanent employees could use it at will and sometimes for 3 months. They say contractors are allowed to work from home. Put contractors in management position and one of them threatened to put me on capability again in 2017. There is lot more. salary differences for same position, giving minimum 1.9% increment for 2 years and no increment during year when i was put on capability. Senior managers talking openly that why he doesn't go away! when i was seating 6 feet away. Very humiliating. I can't prove any of these. I don't feel I have much of a case. But I wanted to raise it. I HAVE TO! I went through preliminary hearing today. I am representing myself. And respondent has legal counsel on payroll with whom I had been interacting till now. But today I saw that they hired external solicitor. I had just one page ET1 with points as bullet points without much details. Which a very friendly judge in August helped me to elaborate further during PH. But it is still very basic and I used same document to prepare witness statement by modifying bit. I went through CBT in 2015, psychiatric counselling this year after leaving job, and again planned in near future. On antidepressants. I am claiming six months of salary and pension which I lost while being unemployed. I have found equal salary job and going back to all this is really stressful. Can someone please give some highlights of how to go about in hearing. Today's judge was absolute opposite and all of my requests for extra documents. Disclosure has been absolutely biased and nothing that helps me. He was stressing repeatedly that I should prepare for hearing and not focus on peripherals. I was late in requesting modification to disclosure as new job in demanding and i am still on probation. What points i should focus on . What are DOs and DON'Ts. Please help.
  2. New forum member here. I had my tribunal for an ESA claim yesterday. The judge and doctor present were very sympathetic and listened to all I had to say. The DWP didn't send their rep to sit in and listen. Due to a legal complication and in the words of the judge 'this being a very unusual case' he has adjourned the case and wants the DWP to give evidence pertaining to a couple of points that were bought up. How long are DWP given to reply? How long will the wait be for the new court date? If DWP wasn't represented why are they allowed another opportunity to put forward their side of things? I don't really understand if they were happy not to represent themselves why they are given another shot at appearing. Thanks in advance.
  3. Just looking for advice please 1991, I lost an ET claim, at that time, I didn't have a specialist employment solicitor. 27 years on, times have changed and due to circumstances beyond my control, it's unfortunate I have an ET claim pending. My question is, can the ET claim from 1991, be referred to during the current tribunal hearing?
  4. Hi, so another query for you. Bit long winded, apologies. Having not had a ticket, I received an NTK from the council a while back. I checked the details online and an officer had ticketed me whilst loading into my flat on double yellows - completely legal under the local borough's website guidelines for parking. I sent them a letter of appeal stating that I was in a state of continuous loading and not causing any obstructions in accordance with their laws. A month later I received a letter for Recovery of unpaid debt from CPS? I appealed the CPS and had it overturned as I hadn't had a rejection notice from the council. The council have now sent a letter saying I can pay the original £70? (£25 surely?) or await the independent adjudicator decision from the Traffic Penalty Tribunal. Soooo, what are my chances here as it's my word against the councils but I refuse to pay when no offence has taken place. Anyone had any experience with this process? Cheers
  5. Hi all, I was dismissed by my employer for misuse of a corporate credit card. I had used it to help with cash flow for moving expenses since my employer wanted me to relocate and the costs were having a drain on my finances. At the same time I was going through a stressful time at home with the break-up of my marriage. When I used the card I didn't realise it was considered personal use, since in my mind I was moving for work, and I was eventually dismissed for it. I've been seeing my GP for over a year with stress and anxiety and I think my decision to use the card was clouded by my mental health issues and inhibited decision making. My GP has diagnosed me with an anxiety disorder. I've submitted my ET1 claim form for discrimination due to disability - mental health. I had disclosed to my employer several times the impact the move and the finances were having on me and they took no note and made no reasonable adjustments. The employer has hired a solicitor and they have submitted their ET3 defence and have asked the preliminary hearing is postponed and re-listed from a Case Management hearing to an Open Preliminary Hearing. They deny that I was a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment. They want the hearing to consider the issue of whether I am a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment. They also request the Tribunal make the following orders in advance of the Open Preliminary Hearing: · Claimant to provide an impact statement · Claimant to provide copies of his medical records · Respondent to confirm whether a Join Medical Expert report is required I need to firm up my argument that I am disabled under the meaning of section 6 of the Equality Act. My GP has diagnosed an anxiety disorder, but I am wondering what else I need to prepare for the examination by the respondents solicitor. I can provide examples of the everyday activities that are impaired and have a diary of these event going back many months. Also can someone tell me what the impact statement is I will be ordered to prepare? I tried to get a solicitor but can't afford one, so have to represent myself. Thanks for your help.
  6. Hi I am going to help a friend self represent herself at the employment tribunal. But I have difficulty formulating what her claim is, so hopefully you can help me with that. Details : My friend worked for less than 2 years at her company. Few months earlier new shop manager starts working and everything changes. Sexual conversations and jokes are constantly made, some general, some directed at her, pornographic figures are being made and left at work counter, employee whats up chat is littered with sexual jokes, swearing at customers, inappropiate pictures of customers. my friend raises that with the shop manager on 2 occasions ( who is part, witness or initiates that anyway ). No response until one day that shop manager bursts into furious shouting in front of customers (about another matter) and during that ,,conversation'' the complains are mentioned as well and shop manager claims they are baseless and if my friend was born in UK she would find them normal and would just laugh them off (they are not btw). So enough is enough and my friend complains to the higher ups. She is being moved to antoher shop, investigation starts. 2 months later she receives the conclusion and it is like a joke. Key parts havent been even investigated, employees havent been cross referenced, cctv hasnt been obtained, screenshots of group chat hasnt been considered at all. Some of the things are admitted, but they claim it was in a good spirit and they meant well .. . So she appeals and still no change. Company is ignoring everything, as it might mean it might need to find new stuff for that shop and from what I heard this is not unusual behaviour anyway in their shops. My friend has decided to take them to the Employment tribunal. But how do we formulate the basis of the claim ? Sexual harassment at work, company's failure to safeguard her and others by not being acted upon her complain by her direct manager and then not conducting properly the investigation, the harm to her ( she is seeing her gp as she has been very stressed, anxious and not able to concentrate due to what has been happening ? How do you formulate that, what should be the basis of the claim ?
  7. The tribunal was a few years ago and i didnt have the evidence then but i have it now. The employer lied to the court about details which the tribunal took as true and used them to find my dismissal fair. Without these false details the court would almost certainly have found in my favour. It wasnt a case of they made a mistake with the details, the evidence i have shows they knew the correct details and told the court something else. I didnt appeal because i didnt have the evidence then and you only get 42 days to file an appeal. Ive heard of perjury cases being brought up to 14 years after someone has lied in court ie jeffrey archer. If a lie affects the outcome of a hearing then it shouldnt matter if its a criminal court or an employment court. How do i go about getting my employer taken to court for committing perjury? Who do i report him to?
  8. My tribunal is being held over four days at the beginning of July. I have just discovered that the owners (who were franchisees) have sold their company to the franchise. They were bringing five witnesses including both of the original directors. My questions are, can I expect to see the original directors turn up as witnesses? I know there's no requirement on their part to do so and any response you give will just be opinion. My other question is I have had little contact with Peninsula about this case. We've exchanged bundles and witness statements. They went through their usual request to strike out theatre, unsuccessfully. Are there any questions I should consider asking them? Thanks in advance Czinczar
  9. Security in our court and tribunal buildings READ MORE HERE: https://www.gov.uk/government/news/security-in-our-court-and-tribunal-buildings
  10. I have experienced whereby the actions of my workplace union have precluded me from being able to proceed to Employment Tribunal. Consequently, I am left with only the option of filing a personal injury claim against my employer, which the union will not take forward on my behalf. The union has acknowledged wrongdoing, placing blame squarely at the door of their local representative and citing a lack of knowledge as the reason for the error. Can anyone recommend the services of a competent legal firm with whom they've had success in this area?
  11. Hi i need help. I applied to take my employer (major big employer) to employment tribunal. Their 28 days to respond was up today. I rang the tribunal centre before they shut at 5pm and they said to their knowledge they had not recieved anything from the respondent. They said it was possible if theyd only sent it this afternoon they might not have picked it up so check next week. If they have not responded they can apply to extend the deadline? In what circumstances can they extend it? Ive read that they dont even have to say why they did not respond? I dont know if they are just trying to drag it out but it doesnt make sense that they wouldnt fight it. Its a massive case, im representing myself and im going to prove they are guilty but if they werent able to have a say it would make it easier
  12. Hi , I have got a tribunal claim going on and need some help with drafting my letters , i would be very grateful for any help offered . Thank you
  13. Hi all New user finding his way around the forums, so apologies if I am in the wrong area here! I have a Tribunal case coming up against a former employer, and they have requested an 'impact statement' about my disability which needs to be submitted this week. I wondered whether anyone has access to a template of any kind that I can work from, as I have no idea where to start? Any help or tips would be greatly appreciated. Thank you
  14. As the title says really, i've been asked if i'd provide a reference, which i'm willing to do as former employer really took advantage of this guy for several years and then sacked him the day after he finds out his wife was pregnant. He was a good guy, hard working, gave it 110%, but used to get a lot of hassle/blame he did not deserve, mostly because of his age and inexperience in dealing with work politics.. I'm wondering what sort of reference is this, obviously it can't be personal, but how much can I say about the way I feel he was treated?
  15. Some help and guidance required if possible, bit of a story behind it all so I'll keep it as brief any more info needed and I'll follow it up. Nearly two years ago I had a Brain Haemorrhage , A large bleed and had Coiling done, Salford Royal Hospital are amazing and saved my life. I had worked in the building trade for 30 years and after the Haemorrr than othershage I was left with the symptoms of a stroke. Down one side , speech mental issues, memory etc. I decided to go down the route of Naturally treating the conditions I was left with and am doing a lot better than hoped. Unable to go back to work I had to claim ESA , I had my first WCA in Wigan and was passed on points and placed in the support group by DWP . After 12 months I had to have a second WCA again at Wigan and ended up having a bit of a row with the Manager. I then had the Assessment and had a strange feeling something was wrong but in the back of my mind I felt comfortable because I had insisted on the Assessment being recorded "what a blessing". Before I carry on , if anyone knows ANYBODY going for a Work Capability Assessment PLEASE PLEASE , tell them to insist on having the Assessment recorded, if for any reason they say no or make excuses please complain . What I say as follows explains. The HCP did her job and carried out the Assessment , a little bit faster than I expected but due to the brain not working as it should I didn't pick up on it . The decision was made by the Decision Maker and I received only 6 points and was told I was fit to work and taken out of support group . Mandatory Reconsideration was done and was pointless having complained about the HCP lying in the Medical report form, and when I say lying you cannot imagine how blatant it was done, absolutely unbelievable. The recordings were transcribed and there in black and white a word for word comparison of what was said , when compared with the Medical Report it was a perfect reverse , every and I mean every word turned upside down. The Medical report described a fit active person . I could go into more detail and will if asked but. Put my evidence in to Tribunal Court although a little late due to DWP not sending me a copy of the bundle to defend against what they were relying on. As I expected it was adjourned . The first thing said to me in the Court was , "not word for word" but , we have concerns that you are recording this Hearing , 3 times I was asked if I was secretly recording and I told them NO. Alarm bells went of in my head, somebody is advising the Court regarding my attitude to having everything recorded , either Maximus or DWP . They were actually really worried and concerned . I asked the Court why no recordings were being made and that I was aware "to my belief" that Court proceedings were normally recorded. I'm sure they said it's because it's not a Court of law. 90% sure that's what they said. I asked if the Court would be requesting the HCP attend , they said NO. How on earth could the Tribunal ignore the importance of what was stated at the assessment by the HCP who then forwarded her Medical Report to the DWP , the outcome was sealed 100% impossible to gain 15 points or more. So it implies to me the HCP will get away with it or at least that's what they think and that is why i'm here.so . 1, Is it possible to start Legal Proceedings against the HCP for fraud 2, Is it possible to have both Tribunal case and Civil case running at the same time 3, Can you insist on the Court allowing recordings being made 4, Would you direct proceedings towards Maximus or the HCP, I would love to name and shame her but understand that I cant at this moment in time This has to be addressed, how many more has this been done to . I would say, that it was done so blatantly done that she must be super confident of getting away with everyone can make a mistake but she may have just kicked me in the balls and stuck the boot in. I don't think that the Tribunal Court have Legal powers, but if this could be gotten in front of a Real Court , then some smelly stuff is going to hit the fan . Can somebody please point me in the right direction of how to initiate this against the HCP . I am confident I can beat the Tribunal , if that goes against me I will Appeal to the 2nd tier Thanks in advance
  16. Hi All, This is an employment tribunal question, not sure if it belongs in this section. I am helping a friend with doing some research on how to draft and formulate grounds of appeal to EAT. The case relates to a claim for discrimination and victimisation against his ex employer which he lost some months ago. He was a litigant in person. One of the grounds of appeal he wants to submit is that the Tribunal was bias against him from the onset due to the fact that (we found this out after that the trial) the Respondents lawyer, a Barrister, is also a part time ET Judge. The ET judge who dismissed my friend's case is a consultant solicitor. We have not yet uncovered any evidence showing their firms are linked. In essence, my friend wants to argue that the Barrister for his ex employer and the ET Judge are colleagues and should have declared that conflict of interest before trial. The ET Judge we observed during trial was very friend with the other side's lawyer. I told my friend this could be a weak grounds of appeal and could irritate EAT. He claims not, and states this is a valid ground of appeal. He has other grounds to put forward. Do you guys think his assertion that the ET Judge was bias due to the mentioned reasons above is s strong ground?.. I honestly think he very well may get laughed out of court. thanks..
  17. Article from the Guardian. The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled. The upper tribunal found it was wrong for the DWP to refuse claimants the right to appeal if they took more than a month to ask for a review of the benefit decision. https://www.theguardian.com/society/2017/aug/04/uk-judges-rule-dwp-wrong-to-deny-appeals-over-refused-benefits HB
  18. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  19. Hi just looking for a bit of last minute advice. Im going to Tribunal in a week but hoped my employer would crumble way before this point . The basics are i am an employee who works on price job as a two man crew at residential homes. At the end of 2015 my company introduced a massive change of work process including a large pay cut. The change involved another contractor completing part of the works and all crews becoming one man crews . At the time i refused the change and after a meeting with my local and area manager it was agreed i could stay as a two man crew and on same pay . Roll forward to feb this year out of the blue they started paying me the reduced rate without notice. After the most unprofessional , singled out and non listened to grievance procedure of all time i had to raise a tribunal when the time ran out . My company have broken every company grievance policy going even at the end my HR department kept promising to get back to me but never did. Now they brought in a solicitor and they claim it was purely and overpayment from the end of 2015 and they have done nothing wrong . Any advice would be cool thanks
  20. Hello, I lived in the Borough of Newham before i got married and until we had our first daughter. Unfortunately since i hadn't worked for the company for a year i wasn't paid maternity pay and had to go to the council. My husband was on an average income of slightly above £800 monthly. All of this information was given to the council. I also gave them documentation that with his job overtime and commissions could be earned from sales, but it cannot be predicted as this only available if the company requires it. I called at various times to inform them and was told that because it was not regular or fixed there is nothing to update but they will be in touch if it needed to be reviewed of which it never happened. One faithful day i went into the office in 2011 to let them know my husband was no longer working and is actively looking for another, we were horrified to be slapped with a huge HB overpayment of over £10,000 and council tax of about £1,750. They claim the overpayment covered April 2009 to April 2011. I appealed and asked for the decision to be changed but never got a response 2013, i wrote again and heard nothing until this year when i received A FINAL DEMAND from Newham council. They confirmed that there was official error on their part despite the fact i provided the income details and also saying if i was underpaid i would have noticed.! This turmoil has been ongoing for too long and now the council sent the case to the Tribunal. I need help to get a legal representative and on what to do. I have been to cab and was told they can't help once it has gone to Tribunal. I left Newham Borough in 2011 and have lived in Barking till date.
  21. Hi all. A friend has been to see an employment solicitor (he is nearing the end of a 12 month 'career break') and was told that events prior to 3 months ago will not be relevant when it comes to an employment tribunal. Is this correct? I don't want to doubt the solicitor but it just sounds so surprising. Thank you all.
  22. Hi all. You may have seen my thread titled Employment Support Allowance Advice Appreciated... Lost Tribunal and this information is also on there but I thought I would start a new thread because I feel that this information is important and may help others who have been through the stressful appeals and Tribunals. If you followed my thread you will note that I lost an appeal for ESA but appealed to the Upper Tribunal on two counts, one being that an Unregistered GP sat on my Tribunal and all the evidence I could find online pointed to the fact that any GP sitting on the Tribunal should have been registered with the General Medical Council. Incredibly after harbouring little hope that any admission would be made about this I have received a letter today from The Tribunals Service admitting this "oversight" and have set aside the original Tribunals decision and are going to send me a date for a new Tribunal hearing. I won't go into the details of the pros and cons for me on that on this thread but the point being is that if any of you have lost a Tribunal Appeal and an Unregistered GP or Medical Practitioner sat on your Tribunal then this more than likely if the same applies for everyone means that you could be entitled to a new Tribunal on the basis that you had an Unqualified Tribunal Member sitting on your hearing. I have attached my letters from The Tribunal Service on my thread (http://www.consumeractiongroup.co.uk/forum/showthread.php?462132-Employment-Support-Allowance-Advice-Appreciated...-Lost-Tribunal/page18 POST 350) and you should be able to check if your Medical Practitioner who sat on your Tribunal was/is registered by using the search facility on the General Medical Councils website. Hopefully this will help some of you have a second chance.....
  23. I have no legal rep apart from my union rep who really does not seem to be helping at all. I received confirmation of a tribunal hearing date and three deadlines to supply information to the respondent. One was the 6th just past which asked me to explain my losses which i did......but that was not correct. It wasnt until i delved deeper i learned that i had to submit a schedule of loss. Now i filled this in with what i believed to be my losses, but my previous emplyers legal team have said that this was not correct as it does not contain any information on steps taken to reduce my loss (including any earnings or benefits received from new employment) now when i was dissmised (firstly simply because "it was not working out" and then when i challeneged this it was changed to gross misconduct) i was unempoyed for three months before i took my new job, i wasnt aware that that could be a loss. Please please can someone assist me on how to complete properly a schedule of loss...... ..their team have also said that my original email could not be accepted as the heading was "without prejudice" this was there because i simply replied to their email and that was in the heading. Now i sent this on the 6th and they have only responded to me today and said they may now not be able to meet the next deadline of the 10th because of this. Do you think it would be possible for me to ask them to grant a day extension to cover this. Hopefully someone can help as this is really stressing me and i have no legal knowledge.
  24. A story about my ESA Been on ESA for about 8 years after every "assessment" I’ve been placed in WRAG. TBH that was never a problem for me as I only had a phone call every 6 months or so from Job Centre. That changed about 14 months ago as I was transferred to one of the providers and had to start going to meetings. The first woman I saw was great and advised to request to put in the support group, so I did. It took 8 months for a "assessment" (in the meantime I was passed to many different providers) This "assessment" was a complete joke the report was filled with lies and half-truths. I got zero points from her, but the decision maker did put me back into WRAG. I appealed that decision on the grounds of not being able to “mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion & also repeatedly mobilise 50 metres within a reasonable timescale because of discomfort or exhaustion. I supplied evidence from when I applied for a Blue Badge, and also when I was awarded PIP at high rate mobility and had another supporting letter. All the DWP had was at my "assessment” I was seen walking slowly for 7 metres” I have to admit I go into detail about how someone can assess me being able to walk over 50 metres, when I was only seen walking such a short distance. I did expect the mandatory reconsideration to reverse that decision (foolish I know) but they upheld the decision, saying being in pain wasn’t a reason Anyway I asked for a tribunal and basically said the DM had erred in law as being in the pain was a reason and it is clearly stated. I had my hearing on the 13th Dec that lasted about 45mins. I was asked to go into lots of details about my life. I expect this was to see if my answers were consistent. It did fill like a grilling but I was glad it was detailed as I knew my answers would support my case. At the end they said they would call me back in to explain their decision. I knew being called back in can be good omen as the person before me wasn’t , but was worried about the “explain their decision”. While waiting it was the first time I thought I might lose even though all the evidence is on my side. I needn’t have worried my appeal was allowed and basically explained that my oral evidence was relied upon. So that my ESA story, now to the question I have The tribunal recommends I am not reassessed for at least 24 months, and want to know if the DWP pays attention to this? P.S. I just had a letter from the Job Centre for an appointment in Jan, guess who won’t be going
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