Unfair Dismissal a little help needed please

[Roger1234]

Hello,

 

Yes this should be disclosed as part of the disclosure process (or at least the relevant parts). They are under an obligation to disclose ALL relevant documents so they may well do this off their own back - they're not under an obligation to do so yet, as I presume that the ET hasn't set that deadline already?

 

Yes a deadline date has been set for the information to be recieved 7 days before the hearing, which has been set, they are presently under obligation to only complete the ET3 form.

 

Have you had chance to consider the contract of employment specifically relating to an act which has been superceeded?

 

Kind Regards

R

[Roger1234]

A little help needed have recieved the ET3 today and directions order.

 

What does the following mean:

 

' It would not be an efficient use of the tribunals or the parties' time to list a phr'

 

Many thanks

[Browncow]

A little help needed have recieved the ET3 today and directions order.

 

What does the following mean:

 

' It would not be an efficient use of the tribunals or the parties' time to list a phr'

 

Many thanks

A PHR means that you attend court for an exta day before the date of the full hearing. Unless the reasons for a Pre Hearing Review (PHR) are very strong, it would be more efficient in terms of time to argue the issues in dispute at the full hearing,

 

I take it that the Tribunal decided against an PHR?

[Roger1234]

Browncow

 

Sorry for the delay, yes the Respondant requested a PHR so that it could be struck out but the Tribunal decided against the PHR.

 

I am preparing the informaion for the 'bundle' now.

 

Many thanks for your help.

[Roger1234]

Hi anyone

Some more help needed as I have received a first draft copy of the bundle, in it there are a number of 'notes' of meetings which never took place. Any ideas on the most sensible way to counter these comments?

[Roger1234]

Help please,

 

I have just noticed that some documents which I wanted to be in the bundle for the hearing are not there. The error was mine as I did not forwarded them to the respondents' solicitor. What is the process for the introduction of new documents is it allowed or please advise on the best course of action.

 

R

[Roger1234]

In checking they were in my original letter to the solicitor as to what I wanted inclued in the bundle, they did not tell me they were attached to the file I emailed them.

 

Please someone answer

[Roger1234]

Back on original thread now had Tribunal Hearing, stated that I only found out that documents I had issues with and that they had been tampered with, as you said initially he was not too happy, but when explained I received very late night before bundle finalized and witness statement exchanging following day he rejected their solicitors comment that I had not made them aware, as I had not had sufficient time.

 

Postponed the full hearing for another day until they supply the originals, expected June, he wanted to consult diaries.

 

Waiting for the correspondence from Judge to confirm but will have it in a few days, one advantage / disadvantage I learned a little more about what their defense to the wrongful dismissal is and not sure if he was being nice or not but how the judge saw it on initial viewing, i.e. what he was looking for me to prove / disprove.

 

Hope you are watching the thread again will put more on when I have the letter.

 

They have requested costs etc. and he is going to put this in the letter, just a quickly what are the implications of that????, because I do not have 10k if that is what they are going to come after me for, I think their employment lawyer is not cheap anyone any ideas ????

[insulted]

Is this all over?

 

Having read through it, it would appear that you had a claim of Wrongful Dismissal on the basis that you were not given the right notice or notice pay. (received one week instead of four). It may well be that the employer did not have a right under contract to make a payment in lieu of notice. If they did then they really shot themselves in the foot by stating "This did not constitute a payment in lieu of notice but simply a payment to the cessation of you contract, without the need to attend the office". If there had been a PILON arrangement in the contract, this was paid to you and you were informed that your effective date of termination was the dismissal date, you would have had no claim. As this is not the case, you have a claim. You can claim damages for loss of the right to claim compensation for unfair dismissal. this would be very easy to demonstrate as your effective date of termination should have been 22nd January 2012.