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  1. Hi Experts - legal advice urgently needed. I am part way through a particularly complicated and protracted tribunal process (unfair dismissal, unpaid notice) with a crux point that is proving troublesome to clarify via legal forums or case law. I am the claimant. I've outlined the facts and Tribunal case details as follows in bullets below: The employer dismissed the claimant 02/01/2013. The reason given at time was redundancy. The dismissal was not confirmed in writing despite the claimant’s request. The employer did not observe a consultation period. It was a single day dismissal process. The dismissal was witnessed - another employee was dismissed on the same day (same meeting) also by reason of redundancy. The Claimant had a 3 month notice period and the agreed date of termination was 02/04/2013. The employment began 01/04/2011 meaning the employment term was 2 years and one day based on the date of dismissal plus the contractual notice period. The employer wrote to the claimant with subject header “Re: Redundancy” 14/01/2013 confirming agreement to discharge restrictive covenants in the Employment Terms concerning alternative employment with competitors. There was still goodwill at this stage. The first month of the notice was worked in full and Jan salary was paid/received as expected. Mid-February the employer placed the claimant on Garden leave (verbally) and closed the office premises. The Feb salary was not paid, March salary was not paid, April part salary was not paid. Holiday and redundancy pay were also not paid. Under the case details outlined above the deadline for ET1 was 02/07/2013. The respondent filed ET1 for unfair dismissal and other claims (salary, notice, holiday pay, etc) on 01/07/2013 – one day before the deadline. IMPORTANT FACT: Due to the employer’s unlawful deduction/withholding of the claimant’s salary, the claimant started alternative employment on 11/03/2013, three weeks prior to the end of the notice period. The employer has currently applied for the case to be struck out as out of time due to the submission deadline having apparently changed – due to the claimant having started alternative employment prior to the end of the notice period. Preliminary hearing has been scheduled. The Employer makes the case that the employees act of commencing full term employment elsewhere, represents acceptance of the employer’s fundamental breach (non-payment of salary) and as a result the effective date of termination became 11/03/2013. Therefore the claim submitted 01/07/2013 is out of time based on the revised deadline (11/06/13). From what I have read elsewhere it appears likely the effective date of termination will be revised to 11/03/2013 and the out of time rule will apply. Ordinarily the accepted breach argument would be open/shut case of constructive dismissal however the employer appears safe in this regard due to the 3 month rule. My question is this – does the employer’s failure to properly communicate the termination dates in writing adequately support the grounds that it was “not reasonably practicable” for the claimant to submit the ET1 within the revised deadline? Is there any case law to reference in clarifying the matter? Any advice gratefully received. Happy to clarify further if needed. Pre-hearing scheduled Late Oct. Thanks
  2. I have for almost 2 years been navigating the ET system having submitted 3 claims alleging Disability, sex and race discrimination and Unfair dismissal. with the postponements and delays finally we are having the PHR after two previous attempts. The Respondents want part of my claim struck out saying it is out of time but I have stated that it is a continuous act of discrimination by my line manager over a 4 year period which has culminated in my dismissal. Can anyone help me with any advice and recent or old cases that I can to back up my claim for continuous course of conduct or alternatively that it is just and equitable to extend matters outside of the three months statutory time limit. I am self representing. Thank you
  3. Please please help, I woke up this morning to find a notice of seizure from Marstons group posted through my door and my car has been clamped!!! This is with reference to PCN's which were issued on the same day, one at 11:28 18/10/2009 and the other at 12:50 18/10/2009 by city of london, both of which now relating to a car I no longer own. I contacted Northampton county Court/TEC earlier today to find out the details of the warrants. Apparently City Of London registered for enforcement on 09/03/2010 and issued the warrant on 29/08/12. According to the TEC the warrant is perfectly legal even though over 2 years has passed since the warrant was registered and enforced. The TEC advised that I could fill in a TE7 & TE9 out of time declaration. Before filling this form in I would like some advice as to how this form works and what declarations I need to tick as on further inspection I believe that there was no grounds to issue the tickets in the first place. Please let me elaborate, On visiting (pcn.cityoflondon.gov.uk/legacy-3sc-user/ticketdetails.asp) which gives more details of the original PCN. I have discovered that the first ticket issued at 11:28 on 18/10/2009 was issued on a completely different vehicle.. There are 4 pictures in the evidence section. 2 are of a red fiat punto (I have never driven nor owned a red fiat punt). 1 is just of a brick wall with a "smith fields, goods vehicles loading only" sign on it and the final picture is of the rear of MY car (a silver car). The 2nd ticket which was issued at 12:50 has 3 pictures of evidence attached. 1st of the rear of my car (in exactly the same spot it was pictured in the 4th picture against ticket issued at 11:28, I had not moved my car) showing no illegel parking, no yellow lines, no goods vehicle only signs. The 2nd pic a close up of a ticket on a silver car and the 3rd picture a close up of a goods vehicle only sign on a brick wall.... this could be any brick wall anywhere.. I would like the opportunity to appeal as I believe I was not originally in the wrong for parking where I did and I believe that there is a massive level of incompetence on the wardens/councils behalf as they not only issued me two tickets within an hour and a half of each other but there own photographic evidence for the first ticket is predominantly for that of another vehicle. How can I stop Martsons from removing my car??
  4. Although I have paid over the money demanded and am now clear. I have always maintained that the 'overpayment' of Housing Benefit was wholly due to a failure by the Council. I was repeatedly told by Council Officers that I may not go to a Tribunal as I am out of timel but keep finding references on the internet that there is no time limit where official error is the cause. Can anyone advise me?
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