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Found 284 results

  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. 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 ?
  3. 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.
  4. 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?
  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 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..
  7. 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
  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. 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?
  10. Security in our court and tribunal buildings READ MORE HERE: https://www.gov.uk/government/news/security-in-our-court-and-tribunal-buildings
  11. Hi Guys, A few of you will remember from a few months back when I posted a thread on advice about appealing against my ESA decision. A few months have passed & I got the dreaded tribunal letter today:sad: They said they have not revised my decision & I am fit for work. The stress of this whole thing is so bloody unexplainable. I'm still trying to get my head around how they think someone that suffers from severe depression, anxiety, doesn't go out the house much etc can actually be deemed well enough to work! I've been struggling with my illness over the last few months, mainly with the worry of all this & it causes me such stress! I dreaded this letter coming through but knew it was going to. I was wondering what advice people who have been to tribunals could offer me. I sent off a doctors letter as well as my appeal originally and was turned down so now I need to build a stronger case. I'm not giving in because that's exactly what the DWP want me to do. Sign on to jobseekers & in a way admit defeat & that I'm not really ill as I'm actively seeking work. It's such a difficult situation for me as I have no other income and rely on this benefit, and now I have to get doctors notes up until the tribunal:-| Any advice that could be given would be greatly appreciated as I have no experience with this sort of thing & feel at my wits ends!!!
  12. 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
  13. 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) ?
  14. 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?
  15. I wonder if someone could advise please. I called on 5.1.16. for a DLA application for my child. I completed the application by downloading the form. My child who requires day and night care. He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February. I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied. So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP. Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started. Many thanks. BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.
  16. 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.
  17. 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
  18. Hi, First of all, I hope I am posting within the right area of this forum, apologies if not - I've tried! A while back I filed an Employment Tribunal claim against my employer mainly for disability discrimination. They offered a settlement of (just over £2000) via ACAS, which I had not accepted. My medical records were not issued by my hospital in time for the hearing so I applied for a postponement of the hearing. Two days before the hearing, the extension was not yet granted and ACAS (on behalf of respondent) phoned to tell me that I have to accept the offer by 5pm of the same day, otherwise the offer will be withdrawn and if the extension was not granted the respondent will order to 'strike out' the case. The build up by ACAS was such that they made me worried that the extension will not get granted. ACAS then told me that I had to get back to them by 5pm. 1) I was given only a few hours to make this decision, without any legal advice or time to research as I was at work (and in my new job!) - this also goes against what ACAS state on their site, "If you don't have a representative, you should try to get advice on the terms of the settlement before you agree to it." - I wasn't given this opportunity. 2) By 4.45pm my conciliator was not picking up calls or returning my voicemails, making the situation worse. Not knowing what to do, totally panicking about having to pay costs if the respondent orders to strike out the case or whatever (i don't know how that works, but it's scary!), I have responded directly to the respondent by email and said that I agree. The following day I got to know the hearing was postponed, but ACAS would no longer let me go back on the email, as they were saying the agreement was made. ACAS informed the tribunal that the settlement has been reached. The file has been closed. However, I haven't signed the COT3 form yet, and the form explains that the hearing will proceed unless I sign and return the form. I haven't received the settlement payment either, as I have not signed the COT3 yet. I mean, given the situation I have outlined above, is this fare? It doesn't even make real sense to me. ACAS themselves on their website state that claimants should seek independent legal advice, so how can they deliberately set out to create a situation where I am not able to seek out legal advice (who would be within 3 hours while in a new full time job, right?). At the same time the email 'agreement' doesn't seem to qualify me to get my settlement (I have to sign the COT3 first, which I hadn't), but it qualifies ACAS and the respondent to settle the case. How so? You should see the COT3 as well - the settlement is meant to be appropriate for covering months of lost earnings, personal injury, missing wages, harassment, as well as direct disability. What a set up... and they call it 'law'...
  19. 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
  20. 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
  21. 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
  22. 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?
  23. 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
  24. been on middle rate dla since 1994 received letter stating my dla was to be stopped unless I rang a number, turned out to be pip was told in no uncertain manner if I didn't do a t/phone interview they would stop my dla much the same as others having read pip item in forum. received form to fill in 40 pages none of which (except 2) allude to my disabilities, the last time I saw a form like this was an atos fitness to work form, when I asked the lady who did the t/phone interview if she /they would be obtaing my records from dla she said no we don't need them Now I wonder apart from putting extra sheets in explain grande mall seizures alcoholism depression high blood pressure and copd and will they accept them I always thought that dla was a benefit to help wheras pip it seems is just another way to get people back to work. advice on how to inform the powers that be of my disabilities and the financial costs and personal cost or does that not matter any more
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