Has anyone been to an employment tribunal recently ?

[frankthecavy]

I am due to go to a tribunal against my last employers next month and I was hoping that someone may share their recent experience of appearing at one.

 

Hi as well as this is my first post.

[honeybee13]

Hello there and welcome to CAG.

 

If you want advice, you will need to tell us more about your problem. To find other threads here, have a look down the page of forum titles and you should find plenty.

 

What stage are you at?

 

My best, HB

[Marianne7]

Hi, I took my employers to tribunal in March 2010. They had a barrister and I represented myself (and lost). All I'd say at this point is that, in all the information I read, it was emphasised that an ET is quite informal, but the whole thing was much more formal than I expected it to be.

[honeybee13]

Have you attended an ET? People here have been along to the local centre and sat in on someone else's. That would give you some insight.

 

My best, HB

[frankthecavy]

Thanks for replies, as to at what stage am I at all I know it is near the date 16th Feb and I have legal aid dealing with the case but they cant help on the day of the trial.

[bonnygirl]

Did you have a pre hearing, did the judge give you any indication of whether your case was strong?

[jacketpotato]

I've done one recently, but as the claimant's lawyer not the claimaint so a different experience...

 

I really urge you to visit a ET in person. They are open to the public, give a quick ring beforehand find the number/location of your closest ET at www.hmcs.gov.uk. Hearings are open to the public, you are perfectly entitled to sit in on a hearing and watch. The clerk should be able to suggest a case similar to the kind of case you are bringing.

[frankthecavy]

Did you have a pre hearing, did the judge give you any indication of whether your case was strong?

 

Hi

 

the pre hearing was some months ago and it was a telephone one and my legal case worker dealt with it and the only feedback I had was to drop my disability discrimination part as she thought the other side could claim costs if it looked vexatious especially if the judge on the day agreed.

 

This case worker was suddenly no longer my case worker since about the last two weeks and I wonder why as they seem to want all my evidence again, maybe she shredded it and never presented it to the opposition ? Anyway she no longer works for the legal firm assisting me.

[frankthecavy]

I've done one recently, but as the claimant's lawyer not the claimaint so a different experience...

 

I really urge you to visit a ET in person. They are open to the public, give a quick ring beforehand find the number/location of your closest ET at Hearings are open to the public, you are perfectly entitled to sit in on a hearing and watch. The clerk should be able to suggest a case similar to the kind of case you are bringing.

 

How much would representation cost me for two days in court which is my alloted slot ?

[honeybee13]

Hello again.

 

I don't know if this is relevant or not, but what kind of organisation is your ex-caseworker with please? And why aren't they helping very much now?

 

My best, HB

[jacketpotato]

How much would representation cost me for two days in court which is my alloted slot ?

Depends. If you are lucky you may be able to get someone from a CAB or similar organisation to represent you for free (more likely if you are in London and can be referred to the Free Representation Unit or Bar Pro Bono Unit).

 

Otherwise depends on where you are, London will probably be more expensive then elsewhere. Not much more I can say without getting quotes from local solicitors I'm afraid.

[frankthecavy]

A firm of solicitors is working on my behalf and it seems a bit more proactive since my original caseworker left, my tribunal is happening in Leeds, I emailed the pro bono thingy up in Leeds but they do not represent in court.

[honeybee13]

Hello again. I'm confused.

 

If you have a firm of lawyers, why don't you know how much a day in 'court' costs? I would have asked them. And why aren't they representing you on the day please?

 

My best, HB

[frankthecavy]

Hi again, legal aid wont cover the actual tribunal date which seems a silly exclusion to me, I will ask them how much they would charge.

[becky2585]

It's true that legal help (legal aid isn't available for employment claims) doesn't cover the hearing itself.

 

It's unfortunately not as simple as paying just for the tribunal representation itself. Any solicitor would have to read through the case files and prepare for a hearing. That means its likely to cost around 5,000 if you want someone to do a good job!

[professional1964]

I don't know if its any help but I have been to view a Tribunal case recently in preparation for my own, (although i do not have a date yet). I thought the claimant was telling the truth and the respondent was lying, but the Tribunal found in favour of the Respondent even though their stories did not match up. They had legal representation and he did not. My advice is be really well prepared for the case and do not be afraid with your questioning of them. The one I watched the claimwant was only 24 and I felt he should have questioned more when it was obvious their stories didn't add up, but he was too laid back and just let it go. I suppose it was quite overwhelming for him as he was totally on his own whilst they had 7 people. I spoke to him on each day and was supporting him and saying he was doing a good job. I must admit i was shocked when he didn't win. I do feel if you can get any legal representation who can quote case law it would be good. The respondent's legal person did a summing up at the end and maybe that was what won it. Maybe you could look into that by quoting a few case laws. Just a suggestion.

[goboy]

That is why it is so unfair to employees that cannot afford representation at Tribunals they are at a huge disadvantage. It is must also be difficult to get employment after taking a employer to a tribunal. Money speaks as the saying goes.....

[Marieleeza]

That is why it is so unfair to employees that cannot afford representation at Tribunals they are at a huge disadvantage. It is must also be difficult to get employment after taking a employer to a tribunal. Money speaks as the saying goes.....

 

The more I see of it the more convinced I am that we need a whole new system. Look at this case. Totally illegal behaviour - 18 months to get to Tribunal - employer lies at Tribunal - then employer gives in before the defense presented. The employer would have had to pay the total cost and the worker was reinstated but to my mind that is not the point at all. There was no tribunal judgement and so this case will not result in any legal observations/decisions which would help other Claimants.

 

http://www.rmtlondoncalling.org.uk/node/2425

 

 

Why did the Respondent's solicitor agree to take this case all the way when it was obviously a loser? The worker was left without income or on benefits (which is not much better) for most of the time. They should not be allowed to "play" with peoples' lives - it is well known that tribunal cases often cause chronic anxiety and damage general health but "tactics" which have nothing to do with the legal aspects of the case are still permitted by the Tribunal system.

[goboy]

The more I see of it the more convinced I am that we need a whole new system. Look at this case. Totally illegal behaviour - 18 months to get to Tribunal - employer lies at Tribunal - then employer gives in before the defense presented. The employer would have had to pay the total cost and the worker was reinstated but to my mind that is not the point at all. There was no tribunal judgement and so this case will not result in any legal observations/decisions which would help other Claimants.

 

http://www.rmtlondoncalling.org.uk/node/2425

 

 

Why did the Respondent's solicitor agree to take this case all the way when it was obviously a loser? The worker was left without income or on benefits (which is not much better) for most of the time. They should not be allowed to "play" with peoples' lives - it is well known that tribunal cases often cause chronic anxiety and damage general health but "tactics" which have nothing to do with the legal aspects of the case are still permitted by the Tribunal system.

 

I agree it does play havoc with health especially people with disabilities it is not right that employer are allowed to get away with so much especially now with the recession. Employers do not want to spend any money on employees with disabilities and sacking them is much cheaper and they can do it also with impunity if the employee is not capability of taking to buck. There are very few good employers nowadays, I note in large supermarkets and large retail outlets the staff on tills there are sitting on appalling chair that will result in them later in life with back problems also if they are that bit older they will end up getting worse if they have problems. Do employers care ‘NO’ it is all about profit that they are concern about not staff health.

 

Goverrnment do not care either, they are only interested in people working and for them getting their taxes...Grrrrrr

[Bigredbus]

How many issues did your claim raise, and do you know the reason, or reasons, invoked in order for you to ''drop'' your disability discrimination?

[ms_smith]

I am due to go to a tribunal against my last employers next month and I was hoping that someone may share their recent experience of appearing at one.

 

Hi as well as this is my first post.

 

Hello,

 

Welcome to the forum. And the reality of tribunal's system, I shall say.

 

I say so because I am the current claimant (representing myself), I have been to a few hearings as an observer and I have seen lawyers acting for other claimants, who lost, whether represented by a legal firm or just no win no fee lawyers, so I can say I grasped how it works, in a way, out there. What is more, however, is that I have been able to identify why those lawyers lost the case for their clients and can counterprove ruling with a legitimate argument. It is just too late to appeal for them today...

The fact is I helped a few win unfair dismissal case in the past, both before it reached tribunal and after the tribunal's decision.

 

I have seen a little bit and one thing I have learnt for sure is that if you represent yourself, the judges are expecting YOU to defend your own case properly. On the other hand, do not expect judges to know everything (them to be everyday alphas &omegas or what, they are only people; they are qualified lawyers who know employment law area but they are not Gods) and you should basically behave as if talking to a piece of wood - make sure they know and hear your legal point (make sure you have got it) as they might straight from the beginning be leaning towards employers (just because those may seem more powerful by reputation or name).

 

Since judges are to decide on legal point, they have a need to be confident there IS a legal point (at all) behind the decision you want to be made, in your favour. In other words, you need to push it all for yourself.

 

Unrepresented claimants often leave it to the system to decide on everything. I guess the fault for it lays in the system's promise in media that "the tribunal will give a leeway to unrepresented claimants".

What it really means, meanwhile, is that they slightly assume you are wrong from the beginning and from the legal point of view, not that they are happy to babysit anyone who is unrepresented. This may sound harsh but it's true. The sooner people realise it the better.

 

Fancy giving us some details on your case itself?

Edited February 6, 2012 by ms_smith

[frankthecavy]

How many issues did your claim raise, and do you know the reason, or reasons, invoked in order for you to ''drop'' your disability discrimination?

 

My original case worker advised me to drop the disability part in case the judge looked on that part as vexacious which would also allow the opposition solicitors to apply for costs defending that part, my original case worker had already been told by the opposition solicitor and had it in writing that my ex employer accepted I had a disability though my case worker never passed that information to me and I only saw it recently after someone else from my solicitors took on my case recently.

I questioned my original case worker three or four times via email that I was not happy to drop the disability part but she pushed so hard for me to drop it that I thought I cant go against my legal advice as I am no expert, if I had known that my ex employer had stated in writing that they accept I had a disability I would not have dropped that part of my employment tribunal claim.

[frankthecavy]

I had my ex employers witness statements on Friday, there are three of them ,from a manager, head of HR and another manager who chaired my appeal and each statement does not even match their own solicitors bundle of evidence I had some months ago, I am surprised their solicitors did not cross reference their witness statements with their own evidence.

 

I hope the tribunal court will see how stupid my ex employers have dealt with this.