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Found 15 results

  1. Hi, I've searched and searched for an answer to this and can't find it. I'm hoping someone will be able to help. Under JSA if you won an employment tribunal you had to pay back any JSA received from the award. But if you settled 'out of court' you didn't have to pay back the JSA from the settlement amount. Does the same apply to UC? Or would a settlement 'out of court' be classed as earnings? Thank you.
  2. Hi, I have loads of questions about employment tribunals as I am representing myself in one for discrimination. Can anyone help with my first (and certainly not last) question? If I represent myself, am I obliged to be cross-examined by the respondent? If not, what are the pros and cons?
  3. hi everyone , Just looking for some advice , the situation i am currently in at the moment is this , my wife was claiming ESA for the both of us , and we were both on it for maybe 18 months or so , and she also claims PIP ( she was on high rate pip , then on the next medical she got put down to medium rate pip, but never questioned why it had been lowered) , she then got told she needed to go for a medical ( she passed the first medical ) ( she has Idiopathic intracranial hypertension (IIH) , she has had 3 surgeries so far and its looking like she will be going back for a 4th surgery as they still have not fixed the problem yet , and then she went for a medical a 4 months ago roughly , and she received an outcome letter saying she had failed the medical , so she went to citizens advice to seek advice , and got told to take it to a tribunal , which she is doing , so she went on JSA , and they told her she had to go to work courses , even though she was handing in sick notes every month , anyway she has know been told she is going back on ESA at a reduced rate , because shes been handing in sick notes for more than 13 weeks , ( we are losing roughly £93 a fortnight ) until the outcome of the tribunal is decided , does anyone know how long it can take from starting the tribunal procedure to the tribunal date ? its roughly been 3-4 months so far any advice would be appreciated thanks in advance badboy09
  4. 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) ?
  5. I am interested to hear from anyone who has experienced any of the following or like events in Employment Tribunals:- 1. Rudeness, or conduct of any Panel Member that was not to a standard that the normal employer or employee is entitled to expect 2. Witnesses being called into the hearings to hear other witness evidence or any part of the trial. 3. Legal Representatives having conversations with Panel Members before the the case is started 4. Failure of Panel Members with the appearance of a connection or interest in the case not stepping down 5. Experience of complaints to the Regional Judge of Employment Tribunals or JACO 6. The quality of the Written decision as a true reflection of the actual evidence actually given whether or not one agreed with the person giving the evidence. Thanks
  6. A close friend did not get enough points on an ESA ATOS medical in April 2013. She put in appeal forms on time, along with all the medical evidence she could. She had leg and foot issues causing mobility problems, severe gastric problems and PTSD. She got her first tribunal date on 7th January. She got all worked up, went along and found the DWP hadn't sent anyone. She was told the tribunal would be adjourned. In the intervening months she has had many hospital appointments, started specialist psychotherapy for the PTSD which has mentally made things worse, had a gastroscopy confirming her stomach issues as well as finding more issues. She has had an MRI and knee surgery and now been diagnosed with further issues requiring treatment and probably further surgery. All of these things she has supplied info and evidence to the DWP and tribunals service. Today she went for another tribunal only to be told the DWP had once again not attended. The two people on the tribunal said there were over 300 pages of evidence in her case and they couldn't read them all. They have adjourned this again. As you can imagine, my friend is now in a right state. She has turned up twice hoping to resolve this and just been sent off again. She has not been able to get any help with this appeal from her local council welfare rights who say they are too busy, though they have helped her claim PIP. She was awarded low/standard rate mobility for this, though she has been told to appeal as she only need another couple of points and they have made blatant mistakes on the medical decision. Is there anything she can do? If she hadn't turned up they can make a decision against her, but the DWP haven't turned up twice- with no reason given. Every time she has sent them more evidence, the DWP have just sent back a standard letter saying they have looked again at the decision and will not change it. How can they just get away with doing this to a blatantly ill person? It's worse than ever and she is cracking with the strain.
  7. New guidance has just been published, which is well worth reading for anyone self-representing... http://www.justice.gov.uk/downloads/tribunals/employment/rules-legislation/presidential-guidance-general-case-management.pdf It deals with almost everything you need in very basic terms and is a great reference guide.
  8. hi if the respondent submits false allegations, everything from theft, drug use, violence etc., in the desperate attempt to defame the whistle-blower, can they be sued in turn for making defamatory claims and committing perjury, hearing goes public shortly??
  9. My partner has got a date for his tribunal hearing, which is in a few weeks - as you will imagine there is no other topic of conversation and it is causing huge stresses . I have a couple of questions that hopefully some of you may know the answers to........ 1. If he refuses to attend (because of the anxiety it is causing) will this go against him - even with a very comprehensive statement which will be sent beforehand ?? 2. can it be heard in his absence ?? As I have heard yes and no. 3.Do you legally need to provide evidence ?? - Even if it is Mental Health issues ?? And what if you havent engaged with professionals or you gave up trying years ago?? 3. Do anyone have a clue what they are looking for at these tribunals ?? They were satisfied 5 years ago that he was not fit for work and his MH has deteriorated rather than got any better ..... Please could someone give me some advise as it is driving me insane - and I am the one on the outside looking in ........ I can only stand by and watch as he sinks further and further believing he will fail regardless Cheers
  10. Hello, any advise on this matter would be greatly appreciated. So, I've recently had the tribunals service decide in favour regarding a 6 month sanction on JSA. The decision notice states - the appeals are allowed and the decision made on the 18/10/12 regarding the sanction are set aside. There is also a third section that states the reasoning of the decision... I was not duly notified in accordance with requirements. I just wanted to know if this meant I should receive full JSA payments whilst still signing? Will I get back all the allowance refused because of the sanction? I intend to contact the benefit office but I would like a better understanding of what the decision notice means before doing so. I will attend CAB if advised. Thanks for the help.
  11. I was just wondering if some of you had any advice on surviving the long and stressful ET process. As per my other post, I have raised an ET against my employer. I have spoken to a number of organisations (Equality helpdesk / acas helpdesk) and legal people and have not met one that has said 'mmm, not sure you have a case there'. My doctors and psychiatrist are backing me 100%. Fortunately, most of the evidence I have is in writing and in my possession. My questions: 1) I am off work sick and no longer receive any pay from my company. If the ET takes nearly 2 years to get to court (my employers are keen to delay at every opportunity), how did/do you survive financially? Are there any options or I am I simply to rely on my other half and family? I haven't been offered any help or adjustments by my employer even though I originally asked for some in writing (they told me to raise a grievance if I wanted an adjustment hence I find myself with a ET claim). 2) Maybe a silly question but any tips on surviving this process mentally as my life is on hold and even though I am medicated, I don't seem to be able to pick myself up from the floor!? It seems that the process is not helpful for people suffering mental illness. Can I get allowances from the court? Can I get my doctor to write to the court and ask them to speed things up? 3) I have had legal help but as I am not being paid, I am fast running out of money to pay them. Can I get free legal advice (for when I eventually receive their ET3 defence) from CAB or is there somewhere else? I think I have a strong case but because of the pressure of the situation, I am very close to dropping the case (i now understand why so many cases are dropped). Any advice would be greatly appreciated. Thanks
  12. Hi, I'm new to this and forums, so forgive me if I've put this in the wrong place. My ET1 was accepted. The employers submitted an ET3. Due to 'an administrative error' (Employment Tribunal's phrase), there has been a very long delay between my being physically attacked by my employers and the submitting of forms by them and the employers. I have literally just received the hearing and due process dates and today I have received a letter from my now ex-employers' solicitors, asking for an unbelieveable amount of information, that I would have to get together by this coming Monday. It would take me more than three days under perfect circumstances, but I am on new medication, from the GP, and have been referred to crisis intervention and a psychiatrist, as well as other health care professionals, as in their words, I am very ill, due to the stress of the attack, incidents leading up to the attack, subsequent court case and continuing intimidation and threats. I am too ill to get this replying information in this time frame. How do I word an email to the Employment Tribunal people, to ask for an extension, to get myself together enough, to answer all these questions? I am also suffering side effects from the medications and clinical depression. Also, I have been asked by the tribunal people to describe my disability (also present at the time of employment) under some kind of regulation rules. Do you know how I do this please? I take about ten medications to maintain my hormone levels, including Metformin as I am pre-diabetic and I am diagnosed with Bipolar Affective Disorder, which is triggered by things like stress, including someone trying to kill me. At some point, I will post a full explanation as to what happened, but I need to first remove the stress of being expected to answer a whole heap of intricately detailed questions by Monday. Thank you for taking time to read this; I hope it makes sense (it's hard to concentrate at the moment) and if anyone answers, I thank you, in advance, for your help. If possible, I think I have to ask for the extension today. C
  13. As in the title. Hopefully this time someone will provide me with specific answer without flaffing about...
  14. Seriously. I am not talking about a clerk forgetting to put a letter before the judge on one or two occasions. I am talking about staff prejudicing the attitide towards the whole of the process to the point that the case is damaged and later lost. Claim involves psychiatric injury so that would be personal injury claim (?). All backed by law that clearly supports above case. Where do we start?
  15. Business Secretary Vince Cable has proposed a cut in how much workers can claim for unfair dismissal at employment tribunals. He will consult on plans to cut the limit on compensation payouts to a maximum of 12 months' salary. He also wants to bring in settlement agreements, in which staff agree to leave without being able to go to a tribunal, but get a pay-off in return. http://www.bbc.co.uk/news/business-19594879
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