Employment Tribunal - Respondent not submitted documents...

[skaatiii]

AHhh OK googled it and found out - its just for the Sex Discrimination element of the claim Phew thought I was missing something major! Can I ask why (and when in the process) the judge called a case management meeting?

[Bunty Rothsay]

Hi

an SD74 is the Sex Discrimination questionnaire form which I understand is in relation to 1974 act - my case fell into this time period because I was dismissed in 2010 before the new act was passed in October 2010 so this new act was not relevant to me. I didnt know that you only get a certain time to issue this and so missed the deadline - I asked the Employment Tribunal could I issue it and they said as it was late in day I could ask them (the respondent) to complete it voluntarily - which was bad for me as would have been much better for me if I had got the court to ask them to fill in and they had said no! As it shows they have something to hide

Yes my employer had a top notch solicitor one of the legal 500 and a barrister who had been Oxbridge educated - but at the end of the day your only consolation is they are paying for it too at a min of £250 an hour plus VAT hopefully and thats just for a normal solicitor!

I was of the understanding that the schedule of loss was a guide to what you had lost - and the court would decide the amount ie which band it fell into (someone please correct me if this is wrong) but I am aware that the other side will use this as a guide for themselves to how much you would be awarded etc and whether it is worth fighting it, settling it or whether you have no chance etc -

 

Hope this is some help

[stuart_coogh]

skattii, when you file your claim at the tribunal the et1 you have 28 days to send in a questionnaire to your employer depending on what you are claiming for (....eg dismissal, racial discrimination, sex discrimination and so forth) - this puts pressure on the employer and tells them your serious, a carefully worded questionnaire can have your employer with no where to move, depends on how its drafted, a questionnaire is a must, you must be claiming for constructive dismissal, you do know its very hard to prove these and win, but it can be done with good help

[skaatiii]

Hi Bunty

 

That is helpful thanks. Can I ask when you had the case meeting - was it just before the hearing or at the beginning of the process?

[stuart_coogh]

you should have taken your complaint to the financial ombudsman to demand your insurer let you use your own solictor as its a complex case and only your solicitor understands it fully, btw how much were you given to cover your legal fees in the end

[Bunty Rothsay]

Hi

I would have done but they never even agreed to support my case with their own solicitor unfortunately! Never mind my own! So I had no legal support.

I do intend to report them to the ombudsman as very unhappy with my treatment and the lack of concern and getting back to me etc and the amount of stress they caused me! they really were a poor set up and even denied receiving stuff I had sent by recorded delivery

they have said I can complain to one of their directors if I do not agree that they do not support my case

B

[Bunty Rothsay]

Just to clarify I was not given anything in legal fees they refused to support my case after a lengthy period of reviewing the case despite them knowing it was coming up in the next 2 months!

Basically they just dragged their feet denied receiving letter from my solicitor saying what chance he thought I had and asked me to send stuff over and over again

Then they said no!

[Pinkdressagerider]

Hi

 

I am in the same boat - the solicitor I was using was next to useless (I spent £7K) before we even got to court for any hearings!!!!!!!!

 

I am now representing myself and attended a PHR and request to have struck off for "no reasonable prospect of success". I won my case and we continued with the PHR (pre-hearing Review).

 

I short the ET judge was talking that fast I could barely take notes and asked him to repeat as I needed to understand the dates etc. he told me not to worry that it would all be sent out to me. it was........... 3 days before I had to respond. I applied for an extension of 14 days and was granted only 7. I was 3 days late in submitting the requested documents to the ET and Respondent. They have again asked for a strike out based on the fact I was late submitting docs. I called and emailed teh ET to explain that I was only late due to the fact I had not received the new dates and only knew about them through the email the respondents solicitor sent when requesting the strike out.

 

I am awaiting the decision for strike out currently, however, the respondent has failed to supply me with their bundle in time.

 

Do I request a strike out of their bundle and win by default as they have done when I was late or would this just be seen as petty.

 

I am taking my ex employer to court for constructive dismal, breach of contract and sex discrimination. Can anybody point me in the direction of some cases to refer to or where to find these cases and points of reference.

 

Many thanks.

 

PS - A quick note to those doing it on their own - GO FOR IT!!!

[Bunty Rothsay]

Dear Pinkdressagerider,

I would be inclined to evidence as much as possible where you have tried to get information from the ET and the respondents solicitor and I got to the stage where I was copying in the ET on everything

- to the point where they asked me to stop.

As I have said befor I think this is all part of the game to shake you off and wear you out! I wouldnt sit on my laurels and I would keep working on what you need to send and wouldnt bank on the ET saying oh well the respondent was late so thats why you are - they never with me they let the respondent be 25days late with their bundle to me - just before I was about to go on holiday which both the ET and the solicitor knew! Then the ET took 2 weeks to tell me I couldnt have an extension of time and the dates had to be kept to for submission as did the tribunal dates (as I eventually asked for a postponement)#

 

the best advice i could give you is keep working as if you havent got an extension and call their bluff as I expected to get one and never - and so lost a load of time - but I stayed up quite a few nigths and got back on track you have to keep the pressure on!

They will just want to fob you off all the time

the ET are overworked and just want it resolved (in my belief) and I am now of the opinion that they are more on the side of the employer as employers employ people - and in an age where employment is low they dont really want to deter employers (that is my belief)

 

I have been told on the forum that constructive dismissal is harder to prove - and you woul dhave more gravitas with the Sex discrimination part - as they can fob you off easier with the constructive dismissal stuff and say they had policies in place

 

B

[wildm]

I would strongly advise anyone even contemplating an Employment Tribunal claim not to bother.

 

The Tribunal is not even remotely interested in the claimant. They do not read the papers submitted; reduce the time of the trial to suit the other sides commitments; ask the other side their view of work policies instead of reading them themselves even when there are differing views from HR in the bundle; ignore any letters you send prior to the tribunal re non-disclosure or late submission of the bundle; believe everything the employer says and nothing that you say.

 

The Civil Service even snooped into this forum to see what I was saying/looking at or asking. Save yourself the bother and accept that there is no justice for poor people those with money win and that is the fact of it.

[becky2585]

I would strongly advise anyone even contemplating an Employment Tribunal claim not to bother.

 

The Tribunal is not even remotely interested in the claimant. They do not read the papers submitted; reduce the time of the trial to suit the other sides commitments; ask the other side their view of work policies instead of reading them themselves even when there are differing views from HR in the bundle; ignore any letters you send prior to the tribunal re non-disclosure or late submission of the bundle; believe everything the employer says and nothing that you say.

 

The Civil Service even snooped into this forum to see what I was saying/looking at or asking. Save yourself the bother and accept that there is no justice for poor people those with money win and that is the fact of it.

 

Well, that's absolute tosh, but you're entitled to your opinion.

 

Probably better placed on a thread which isn't two years old though

[wildm]

Sadly it isn't tosh it's the truth.

[honeybee13]

Hello guys.

 

As this thread is 2 years old, as Becky says, and has run it's course, it is being closed.

 

wildm, please feel free to start your own thread is you have questions.

 

My best, HB