employment tribunal advice please

[madari]

Hi,

 

In laymans terms judge Mummery [a leading circuit judge at the time]decided and came to a decision in the Selkent v moore case, which set a presedence where hardship is balanced with injustice.

 

And the above case is used as a yardstick in all ET decisions.

 

In otherwords you have got to base your`e argument around what hardship[in law] you would suffer if they were to allow your employers late response and also the injustice you would suffer if the ET were to allow their late response,and vice-versa.

 

I hope you get the drift,In the Selkent case Mr Moore was not going to suffer any hardship for his appeal failing as he already had a case for unfair dimissal and thats why he lost his appeal.

 

I hope you understand what i am trying to say.

 

Good luck.

Edited June 26, 2010 by madari

[mariefab]

This may be the kind of site you're looking for honeybee.

The database is can be a bit glitchy sometimes though.

 

Employment Appeal Tribunal > Judgments

[honeybee13]

This may be the kind of site you're looking for honeybee.

The database is can be a bit glitchy sometimes though.

 

Employment Appeal Tribunal > Judgments

 

Thank you Mariefab, that's just the thing.

 

HB

[davuck]

hi again everyone, well i had my pre hearing monday as it turned out i didnt need to bother about trying to get the late response thrown out. The judge said he was going to allow it but then said to the respondant that means that i have two claims that they must defend ,.he went on to tell them to settle as any of my points could succede at the constuctive dissmissal and it looked as though i had been unfairly dissmissed anyway.

 

What a releif ,without doubt the most stressful experience in my life.

 

The only thing was he listed the case for next may, the other side wanted a one day case but the judge said its a three day case.

 

I have a question that im wondering if anybody knows the answer.

 

Im wondering the likely date they will settle ? will it be around next april or as the other side got told off by the court will they settle quicker rather later?

 

Many thanks for all the help previously.

[madari]

Hi,

 

Looks good, In answer to your question they may settle sooner rather than later.

 

But my guess is,if they are going to settle,( dont forget a three day trial is more costlier than a one day hearing)they will settle on the day of the hearing in May,which is in the legal field known as `Brinksmanship`.

 

That way it has a twofold effect, one,you are kept on your toes and under undue stress, two,and heaven forbid, you may have died come May,and they get off scott free.

 

These are all tricks of the trade so keep battling........ onwards and upwards.

 

Good luck.

[neil_tp]

It would make sense for them to settle early however don't bank on it. It seems that you have a very good case.

 

Madari does seem at times to not give very good advice on here IMHO

[davuck]

Thanks maderi and neil conflicting advice lol but i know what you both mean. I had to stop myself from asking the respondant solicitor in the court to settle there and then !

 

What i was thinking was say they were going to drag it out with brinkmanship etc that would mean more expense to comply with the case management orders so my first thought was they would settle early then i thought of my ex boss someone who used to pay on the last possible day in the month and a bit of a ruthless dictator type so its possibly depending on who makes the final decision. Its an insurance policy cover with employment consultants that they have!

 

The best thing i can do is pray lol

[madari]

It would make sense for them to settle early however don't bank on it. It seems that you have a very good case.

 

Madari does seem at times to not give very good advice on here IMHO

 

My Advice is based on personal experiance, whats yours based on,personnal insult`s ?????

 

Please do tell...lol

[freakyleaky]

Keep it civil folks or CAGbot will be called out.

[neil_tp]

My Advice is based on personal experiance, whats yours based on,personnal insult`s ?????

 

Please do tell...lol

 

 

Question for you, have you an ET case going on now?

 

You give out alot of mis-leading info on this threads and you are still doing it.

[freakyleaky]

Neil if you think any particular advice is mis-leading you must say why you think that.

Simply stating that advice is wrong just creates arguments on a thread and the op gets no help.

[neil_tp]

Neil if you think any particular advice is mis-leading you must say why you think that.

Simply stating that advice is wrong just creates arguments on a thread and the op gets no help.

 

Will do, but I have had dealings with that poster before.

[madari]

Question for you, have you an ET case going on now?

 

You give out alot of mis-leading info on this threads and you are still doing it.

 

 

Whats the problem neil, Royal Mail giving you a hard time are they????

 

If you think my advice is misleading then noone is asking you for your opinion or comments on my educated advice.[or are they?]

 

I am sure you are of the opinion that i have connections with your ex employer,hence the nasty comments.

 

You are wrong.

[neil_tp]

Whats the problem neil, Royal Mail giving you a hard time are they????

 

If you think my advice is misleading then noone is asking you for your opinion or comments on my educated advice.[or are they?]

 

I am sure you are of the opinion that i have connections with your ex employer,hence the nasty comments.

 

You are wrong.

 

 

I will leave people to judge your posts themselves.

[madari]

I will leave people to judge your posts themselves.

 

 

GOOD MAN.........

[honeybee13]

Hello davuck, are you still there? I haven't forgotten that this thread is about you. Do you have any more questions at the moment?

 

HB

[madari]

Hi HB,

 

Thanks for getting us back on track........[even i had forgotten what this thread was about.]

[davuck]

Hi again honeybee,

 

Thanks for intervening and calming down the argument lol. I feel as though I dont have the willpower to fight them if they do take things to next may.

 

Its just crazy, my employer sacks me with an unsigned undated letter, doesnt follow the three step procedure that was in force last feb when they sacked me ( I was told this was the legal minimum requirement by solicitor ) , then their representitives miss a deadline to respond.

 

We get to the court ,the judge tells them off ,tells them that I was prevented from returning to work and the respondants representitive even admits in front of the judge my employer prevented me from returning because " I had anoyed them" and he was appologising etc.

 

Straight after the hearing the respondants solicitor asked me about settlement, I told him what I wanted ( a quarter of my shedule of loss) and a reference and still he was unhelpfull. my parting shot was when he said he would be in touch i said "BET ITS AROUND NEXT APRIL"

 

my understanding is that even if it was next april or may they are within their rights and if say I did settle withut going to court that settlment could not be enforced by this new fast track system which is in place to enforce employment tribunal orders it can only be used to enforce actual orders made by the tribunal.

 

If my understanding is correct I would dearly love to force them to an early decision one way or the other.

[honeybee13]

Sorry, I don't know the answer to whether you can force the issue, but someone will.

 

I can understand it's very draining and you probably want to move on with your life. The day will come, I expect, when the matter is resolved in your own mind one way or another.

 

My best, HB

[Timeout]

Good Luck. It all about wearing you down and out. Keep your chin up and keep at it.

[helenj1965]

Hi davuck, like you I am in the middle of filling in the form for a Case Management Discussion Agenda and I have been in tears with it. I am stressed out to start with, bringing my claims to Tribunal, and this form must have been designed for only Corporate Lawyers to understand. I have come to the same conclusion as you, fill it in to the best of my ability. I'm lucky in the way that I have a Union representing me and they will get a copy of this form, and suggest changes if necessary. But the whole business is really stressful, and I wish it was over. Good luck with your case.

[elche]

I told him what I wanted ( a quarter of my shedule of loss) and a reference

 

Hi Davuk,

 

I haven't read the whole tread, but if your schedule is realistic, AND your claim has merit, I would have thought 25% + an agreed reference is a good offer for them?

 

Was there any pre-claim conciliation with ACAS ; and if so, why not ring the conciliator, and ask him / her to contact R and formally offer this?

 

Che