Unfair, Wrongful or Constructive dismissal?

[SweetLorraine]

I hope you slept well. I am going through similiar concerns - I think my days are numbered with my present job. Erm, re sidewinder's advice - I'm certain you can put in/initiate a tribunal claim without having to exhaust the internal processes first. Under the pre 2009 rules you had to exhaust the internal processes first before you made a claim. since then you can initiate a claim - inform your employer you have done that, and action the internal grievance at the same time. That is my understanding - if anyone can clarify it further for you (and me) that would be fab. Good luck.

[lindyhop]

Hi Sweetie, thanks for taking the time to respond. how far along are you with the process? i have had my first set of grievance and appeal, both not upheld, following victimisation after submitting the grievance i had to submit a further grievance, not upheld and will soon have to attend the appeal for this - im not expecting a favourable outcome. questionaire now submitted, and ET1 to follow. i am aware (from information on other threads) that there is the possibility of my submitting a second ET1, (in addition to the first) and thought i could go on grounds of CD. that was why i needed clarification as i was not sure the heading my case would come under - im still not sure!

 

if i leave it is clear enough, but if they make me leave ??? im not sure my situation is covered:-(

 

thanks for the support, im keeping everything crossed that things work out for you as well.

 

Regards

[papasmurf1cx]

lindy... it's a matter for you of course, but if you are intent in taking them to a ET I would say do not resign. That just puts another layer o on to the pile to prove, why would you want to do that? If your doctors are telling you that tghe place is toxic and you should not go back there, then don't just stay off sick. Ask yourself this question... how will you feel about just walking away from the company when you feel so passionate about the way they have treated you? and how will you feel if you fight them and lose? We had this and our answer was that it would forever nag us that we did not fight and take it to a natural conclusion and if that was that we lost then so be it. Walking away and making things more difficult to prove did not make sense to us.

 

Finally if they dismiss you whilst you are still sick and they made you sick in the first place and you have grieved the matter could be considered an act of victimisation. It would be a bad move for them to do this, they would probably stall and stall and hope that having no money to pay your bills will force you to do something to force the issue...like walk away and try and claim CD.

 

I would say though that you should actually consider what amount of compensation you are likely to obtain as being quite relevant too. The larger the sum the better you should fight, the lower amount should make you wonder whether it is worth the hassle and further torment and illness.

[Sidewinder]

I hope you slept well. I am going through similiar concerns - I think my days are numbered with my present job. Erm, re sidewinder's advice - I'm certain you can put in/initiate a tribunal claim without having to exhaust the internal processes first. Under the pre 2009 rules you had to exhaust the internal processes first before you made a claim. since then you can initiate a claim - inform your employer you have done that, and action the internal grievance at the same time. That is my understanding - if anyone can clarify it further for you (and me) that would be fab. Good luck.

 

You most certainly can lodge a Tribunal claim without initiating a grievance first, but as with any legal action, protocols dictate that legal action should be the last resort, and a Tribunal, or a defendant employer would be almost certain to enquire why the matter was not raised formally before resorting to legal action. Naturally this is so far as time limits in which to take action allow, so you can raise a grievance before resigning, or afterwards - even, as you state at the same time as lodging an ET1, but the employer should be given every opportunity to remedy the situation.

[lindyhop]

Well, my ET1 has been submitted and more importantly has been accepted. got the confirmation email. im hoping this confirms that my claim is within the time limit. my employers have 28 days to respond! the ET were quick to respond so i was hopeful that a hearing date would be really soon, but i am presuming that a hearing date will not take place until after the 28 days to give my employers time to respond(?)

 

i sumbitted my questionaire, and as advised requested a response within 14 days, i got a sarky response advising that they had up to 8 weeks to respond, so dont expect anything within my request period! intially they got their solicitor to respond to me, i ignored their solicitor and replied to my HR department for clarification - hence the sarky response and being told that i should include their solicitor with any further response!

 

OK question, just so im clear

 

can the ET take place prior to the respond period allowed to my employers?

 

also ive been advised that discrimination cases are really hard to prove. what has been the experience of other Caggers?

 

ive also been advised that my illness will not be taken into consideration as my claim is one of discrimination at work and that is what the ET will be looking at! can this be right?

 

also ACAS will now get involved. but to what end?

 

in the meantime i have found the list of venues, and plan to phone up and book in to attend a couple so that i familiarise myself a bit with the process before my own case comes up.

 

the only other query i have is how far ahead are the ET list publishised? i have subscribed to a site, and was hopeful that my case would be logged (now that it has been accepted) for me to view under something called 'cause' my case isnt there yet, but what is 'cause' anyway?

 

i have decided not to resign (at least prior to the expiry of my sick note) apparently whilst i still have a live sick note, my employers still have a duty to sort out my job - apparently they cant just leave things - i dont think my employers are aware of this - although the OH have advised my employers to sort out the praticalities with me sharpish, they are ignoring his advice - i think that they are hoping that i will drop dead in preference to having to deal with me!

 

not resigning at this point means that i cannot include constructive dismissal at this time, my employers have to discriminate, harrass or victimise me further as a final straw! i cant believe it, i have to suffer more at their hands before i can do another ET1 and take them to court for the loss of my job! its incredible!

[lbruk]

It doesnt confirm your claim, it merely confirms that you have filled out the form correctly and submitted it within the time frame. They probably have not looked at the content yet.

 

ACAS will call you, its will take a few weeks and probably will not be until the respondent has filed their ET3, and them probably a few weeks. So will probably be about 2 months before you hear from them.

 

Deciding not to resign is probably a good idea, but could make your time at work stressful, but just keep a diary of everything that happens to you so when you get to write your statement you can refer to these points, pull of any emails or notes that you consider inflammatory and keep them

[jackieandwayne]

Well done Lindihop - I think, when we receive these psychiatric injuries, it makes us stronger to fight back. Why the heck should an employer be allowed to get away with it? If a colleague came up to you at work and smacked you in the head with a baseball bat there'd be hell to pay, never mind compensation. And that is the mental equivalent of what has happened to you.

 

All the posters on here are right Lindi, its not easy, and it gets worse. The devils will try and starve you out if they can. But you now have to get over this mental illness as best you can, and you might just as well do that by fighting back at them, and even if it all goes belly up - at least you will have been heard. And that alone can be a salve for mental illnesses caused by this sort of behaviour.

 

You need to find a good solicitor that you feel comfortable with, how about asking the Law Society if they can help you find one?

 

Good luck, stay strong.

[jackieandwayne]

Oh, and i just reread a couple of your last posts - no, don;t resign. You need a solicitor for all this, but I do know this - do not resign! Law Society definitely - quickly.

[honeybee13]

Hello there.

 

The Law Society website has a search facility that helps you find lawyers in your area with the right specialist knowledge.

 

My best, HB

[lindyhop]

Thank you fellow Caggers for you advice and support.

 

im on my own so i really really appreciate it.

 

i'll google the Law Society and see what i come up with.

 

Thanks again

[jackieandwayne]

Lindihop, just a thought.

 

It might be worth it now, whilst you have plenty of time, to seek out a good solicitor to help you with a personal injury claim. It is this that is so notoriously diffcult to even get off the ground, never mind win, for people in our circumstances. You have suffered a psychiatric injury (last straw) and now have to live with that. Seems to me quite reasonable that your employer should also live with the consequences, so worth having a go. And you have three years to bring a Personal Injury case. You may be lucky and find a no win no fee lawyer.

 

So, if you found you were out of time for the ET, and I bet you aren't, then you at least have this as a back up. Not an easy route to go down, but if you develop a very hard shell, and start acting like a terrier with a rat, you never know where it might end up.

 

All the luck in the world, and by the sound of your posts, you are not a lady to give in!

[lindyhop]

Hi yet again

 

just come across something else that may help with my ET and cover anything that i may have missed in my questionaire.

 

has anyone heard of the 'freedom of information act'? i may be able to ask my employers more questions about their working practices using this act - it could fill some of my own gaps.

 

i am aware that if i do submit this, it could make them even more annoyed with me, but my view is that this is a legal matter now and i need to arm myself as much as possible.

 

i have been trying to get to a ET hearing at my local office, but so far no luck because the cases so far this week have 'fallen away' within days or hours of the hearing! - i may have to try further afield, i want to familiarise myself with the process as much as possible prior to my own hearing.

 

how disheartening to think that i may have to wait months for a hearing.

 

any comments on the 'freedom of information act' route?

 

Regards

[Anus Horribilis]

has anyone heard of the 'freedom of information act'? i may be able to ask my employers more questions about their working practices using this act - it could fill some of my own gaps.

 

i am aware that if i do submit this, it could make them even more annoyed with me, but my view is that this is a legal matter now and i need to arm myself as much as possible.

 

FOI requests can only be made against public bodies. If you work for a government or state organisation, then it's definitely an option worth considering. The good news is that requests can be made pretty anonymously, eg through http://www.whatdotheyknow.com and it's free.

[Maximus1]

Hi. I have found this thread whilst looking for advice and would advise to go to ET on your own - if you get there. Hopefully they will offer settlement. OH was badly let down at ET. Same problems of which I will not go into chapter and verse but he was caused psychological injury BIG style in June 2009. He was in union who told him after he had been dismissed in Dec 2010 after 35 yrs! that they recommended ET. We lodged claim, they said they would arrange follow up to see WHETHER they would represent him. We were even down to Case Management Discussions before they gave him an interview and by which time we didnt have all the information we subsequently got from employer during disclosure. They gave him a 30 min interview and took a further two months to come back and say sorry we're not helping you as not more than 51% chance of success (based on their limited information).

 

We decided to go it alone - its not that difficult once you get into the mindset (however, I did the work for OH as he could not possibly have done it and therefore I send my heartfelt GO FOR IT vibes but it will be hard).

 

We were swayed by people saying we needed legal representation so decided to hold onto the disclosure of docs etc. and couldnt afford to pay full time solicitor but asked them to represent at hearing. They agreed. We had a bundle of almost 1000 pages in the end and two weeks before hearing solicitor took ill and case was handed to barrister (24 hours before ET started!!). We paid out £1000 per day for this guy, he was useless and I so wish I had followed it through myself - IT ISN'T THAT DAUNTING HONESTLY.

 

We lost as employer hired in the big gun lawyers and despite bullying, gardening leave, discrimination being admitted - they got off with it because our barrister didnt do his job and highlight their shortcoming. We registered for EAT but were two days late due to Xmas break and not getting full judgment through in time - but it didnt matter, it was out of time.

 

We were told to go PI route. Not a damned hope. Stress claims are so hard to prove that many NWNF solicitors arent interested - we tried 10 in all most of whom said we had a good case..BUT...........not enough time to investigate. SO GET THAT PI claim in early.

 

Anyway we have about 1 month to go and I am currently wading through Justice website which is mind blowing. No solicitor will even allow us to PAY for some advice on how to do this, CAB have said they dont have resources, we dont qualify for free help due to OH pension he had to draw to live on so as we have MOUNTAINS of evidence medical and procedural, we are on our own.

 

I am trying to find out how to sort out the initial claim form - think I am close but am searching for any hints on here. OH still suffering severe depression and receiving constant treatment - in fact still being accompanied when out for fear of what may happen!

 

The Personal Injury monster has been created so that only in my eyes, small easy to win claims are taken on. People with genuine severe cases are left high and dry.

 

This could cost us more money but will serve to show that we TRIED. I would hate in a few years for OH to be thinking, What if? So we dont get another holiday:roll: nothing new, but its not easy for psychological cases at ET or PI through courts - but hey, we have got to try.

 

Good luck to you, ACAS will contact you soon and perhaps getting them to intervene early with employer may get you a settlement, but do not worry about ET on your own - in fact in our case, I would recommend it and many many cases are run by individuals.

 

Anyway.......I must try and find what I came on here for..........help with psychiatric PI claims and civil actions claims

[papasmurf1cx]

Maximus........ you might want to look at the cases mentioned in this link http://www.askemploymentlaw.org.uk/stress_at_work_psychiatric_injury.htm

 

Judges don't like these cases that are 'employment' cases they will find a way of dismissing it and unless you have someone that can argue case law you may find yourself out of pocket again but this time with the other sides legal fees to pay too. Beware.

 

Sometimes for recovery you have to let things go.

[Maximus1]

Thanks papasmurf for your comments.

 

I appreciate they are hard to prove and know the 'law' has many holes in which employers can hide. However, one thing transpired from employment tribunal. Employers admittance in writing:

 

He had a permanent physical disability that was not taken into account before he was transferred to another department

Due to this then being identified he was left 'absolutely too long' on enforced gardening leave

He was not given detail of employee counselling service until 6 months after transfer (despite their guidelines stating he should have been given it on transfer)

He was continually refused access to Occupational Health (8 times in writing)

He had no manager or job for 4 months and no constructive contact.

 

Thereafter and whilst on sick leave with depression they:

did not identify a job for him to return to work

did not follow their own Occ Health guidelines

etc etc

 

We WOULD take legal advice, if someone was prepared to give it!! We've tried and they are just not interested. I appreciate letting go would be less costly monetary wise, but I cannot see OH EVER letting this go mentally without knowing we have looked at all options.

 

We can always pull out before hearing (probably at cost) but as I said earlier, its so hard to find out from the thousands of documents on court site, exactly where things start and stop.

 

I am hoping employer will agree to negotiate with the evidence we have......................but its not really their style, they have massive legal team as this is a global company with lots of money.

 

I certainly appreciate any comments that you and anyone else cares to give (whether they are what I want to hear or not) as I am openminded about everything.

 

Thanks for your prompt reply.

[lindyhop]

Hi Maximus1

i am sorry indeed to hear of your problems, it is incredible to me that having involved paid professionals you were let down when you needed them most. -

 

i agreed with you wholeheartedly on the point of 'letting things go' in an ideal world, in an ideal situation this would of course happen - we are individuals and have individual ways of dealing with our pain. it is very easy to state 'let it go' but to 'let it go' we have to be in the right frame of mind we should not be thought less of because we have not yet reached that 'state of mind' to be able to 'let it go' i do not consider it a weakness.

 

think on, if people like Nelson Mandela had 'let it go' how would things have changed in S Africa, if the suffogettes had 'let it go' how would things have changed for women. im not saying that our cases will have the impact that these milestone causes have, of course not, in the scheme of things our cases are small and maybe deemed insignificant - but not for us as the individual suffering them. but there is maybe the slightest of possibility that it may make our employers stop and think, review their policies, train managers better, take some responsibility - do something.

 

like you i intend to fight - i too need to know that at least i tried. further suffering has been heaped on me by my employers for daring to complain - if i just walk away, what does this show them.

 

i take responsibility for any harm to myself by continuing my action - its my choice. what happened to me to bring me to this point was not of my doing but my employers, my fight is to get them to see their connection in my current condition.

 

i do not have the funds to pay a solicitor, so will be undertaking the ET myself. this site has been really useful by the sharing of information, and messages such as yours showing support i really appreciate.

 

do you have a thread that i can follow? unfortunately i cannot assist with advise on PI claims i havent gone down this route yet, but plan to following the ET.

 

i have today recieved a letter from ACAS, i wasnt expecting it yet. i have been appointed a conciliator who will contact me in due course (whatever that means - 1 month, 6 months). not a peep from my employers, no surprise there, but im expecting their denials in their ET3 within the next couple of weeks. i have assumed that their response will highlight shortfalls which i plan to follow up within the Freedom of Information provision.

 

a question

 

were ACAS any good or were they completely ineffective and a waste of time?

 

AH and Pappa thank you for your advice. appreciated as always. the case law stuff on the link is really interesting and could yet prove very useful.

 

Regards

[Maximus1]

Hi LH. I felt every word you said in your post. The one thing is that at ET you shouldn't have costs - very rare, even if you lose that they are awarded unless the claim is classed as vixacious.

 

ACAS got in touch very quickly but despite wanting to be copied with everything (I did most via email as lest costly) it was not until 3 days before ET they contacted employer. Perhaps asking them when ET3 received whether they could contact employer may set ball rolling. He tried apparently, but they wouldnt return his calls. If mediation/conciliation is a chance they will do it - but employer has to be willing.

 

It's not as daunting as you think - yes its nerve wracking but panel are 3 normal people (well one with law knowledge) but they take account of lay people not having extensive legal knowledge. Once ET3 is in you will be offered a case management discussion (unfortunately the judge is not the same as at tribunal usually) where he tries to get sides to talk, go over the case. It depends on how willing they are to negotiate but if like ours they have no intention dont be too worried about the actual hearing.

 

Good luck - not sure on our decision yet, OH's pension has been hammered already so unsure.

 

All the best

[jackieandwayne]

Maximus and Lindihop - we think alike. Please don't give in - for some people letting go is the best option, but for others resolution and knowing that you tried to fight back and if nothing else at least you have been heard, is the only way to get it out of the system. This is all part of the mental illlness that you, and your partner Maximus, now suffer from.

 

It is very difficult to get advice for this sort of thing, and please don't anyone rely on a Union to help you. Sorry papasmurf, I know you are a union guy, and I could have done with you as my Unison rep when I needed them, sadly, most of the reps are not like you, and they just let you down and play you along. Cor could I tell you all a story about blessed Unison, but I'm not sure i can on here. Could do with some advice about it actually, because that isn't going to be left lying.

 

You keep on trying - I had an amazing stroke of luck when I thought all was lost, and I really cannot discuss it on here, not allowed to, but just keep trying. Get on to the Law Society and get them to recommend a solicitor to you. Go right through the phone book, try everyone, even the ones who don't have a whole page ad! See if your local Uni has final year law students wanting a bit of experience.

 

I mean, if someone came up to you in the street and beat you around the head with a cricket bat, you'd have them done for it wouldn;t you? This is the equivalent of what has happened to you, and what happened to me, but mentally, and why should an employer be allowed to get away with it? So the law is very difficult to plough through and understand, and seems geared against cases like these. All the more reason for anyone who has genuinely suffered a serious illness like us to blooming well have a go back.

 

Don;t give up whatever you do.

[Maximus1]

Maximus and Lindihop - we think alike. Please don't give in - for some people letting go is the best option, but for others resolution and knowing that you tried to fight back and if nothing else at least you have been heard, is the only way to get it out of the system. This is all part of the mental illlness that you, and your partner Maximus, now suffer from.

 

It is very difficult to get advice for this sort of thing, and please don't anyone rely on a Union to help you. Sorry papasmurf, I know you are a union guy, and I could have done with you as my Unison rep when I needed them, sadly, most of the reps are not like you, and they just let you down and play you along. Cor could I tell you all a story about blessed Unison, but I'm not sure i can on here. Could do with some advice about it actually, because that isn't going to be left lying.

 

You keep on trying - I had an amazing stroke of luck when I thought all was lost, and I really cannot discuss it on here, not allowed to, but just keep trying. Get on to the Law Society and get them to recommend a solicitor to you. Go right through the phone book, try everyone, even the ones who don't have a whole page ad! See if your local Uni has final year law students wanting a bit of experience.

 

I mean, if someone came up to you in the street and beat you around the head with a cricket bat, you'd have them done for it wouldn;t you? This is the equivalent of what has happened to you, and what happened to me, but mentally, and why should an employer be allowed to get away with it? So the law is very difficult to plough through and understand, and seems geared against cases like these. All the more reason for anyone who has genuinely suffered a serious illness like us to blooming well have a go back.

 

Don;t give up whatever you do.

 

Oh how sad I was to read your message. We have decided against it. I managed to get advice from a friend of a friend who is a solicitor but not trained in personal injury but she was my only hope.

 

Anyway she has got back to me and whilst she thinks it certainly deems recompense the forseeability aspect will be exceptionally hard to prove even with the evidence we have. The fact we failed at ET will probably go against us and may be seen as litigious and we could end up with costs of employer which we certainly could not afford.

 

On the 'balance of probabilities' we have decided we can't afford it. We have been let down so badly by OH's union and crap barrister but we have decided purely to write to employer and copy the BIG BOSS who naturally never hears of the shortcomings of his managers and then at least even though we will be a lot poorer with OH having to finish work 7 years before he should, hopefully we can get some closure and work to get his mental health back to some form of even keel and he may even think of a part time job later on. Until that time my little job may have to become full time but we aren't prepared to risk everything we have to be shot down again.

 

WE KNOW HE WAS WRONGED, everyone we speak to knows he was wronged, but in the eyes of the law perhaps he was 'over sensitive'...........they don't know my OH, he was a union man too and very forthright - perhaps thats why they did it to him and why he fell so hard. Who knows.

 

We are just going to concentrate on getting him well and put the lottery on once in a while.

 

Lindyhop go for your ET claim, you have more chance there than PI route and remember their actions must be forseeable (in that you warned them etc.) and negligent (oh god that is the PI route - I am confused now my mind is so full of this stuff). I wish you well and good luck to anyone going through the same hell - its taken 3 years out of lives that we will never see again, caused more grey hairs and wrinkles than I care to count but we just cannot risk the amount of money we could be liable.

 

I thank you for your support and wish you all well

[jackieandwayne]

Maximus, you really have to do what is best for you, and that sounds to be getting your partner back to full health. At the end of the day I had only myself to worry about, and an awful lot of support. Even if mine had gone to court, I was so determined that I was going for it, I couldn't have cared less if I had to pay their costs! I owned nothing, had nothing, and they can't put me in prison for debt these days! £1 a week rest of life sort of thing. No skin off my nose, but a lot of hassle for them. But I don;t think I'd have been so bloody minded if I had a mortgage, kids etc.

 

I hope your partner is getting all the help he needs to get through this. You'll likely find that although very disappointing, at the same time, accepting that the fight is done can feel like a weight off the shoulders also. There's only one way to go now and that's up.

 

Oh yes, keep buying that lottery ticket - I won £10 Sat night - first time in about 5 years! You never know. X

[papasmurf1cx]

Good call Maximus...... Never an easy decision but having been through this a couple of times now, one HAS to end these disputes at some point and weigh up the pros and cons. Using the balance of probabilities was inspired and knowing you are in the right but let down surely eases the conscience that you did ALL you could to fight injustice.

 

This will live with you forever but don't let it eat both of you away, try and see the positives in the experience (which may be a bit hard right now). Good luck and hope good health revisits you both.

[billybobyeeharrboy]

Hi. I have found this thread whilst looking for advice and would advise to go to ET on your own - if you get there. Hopefully they will offer settlement. OH was badly let down at ET. Same problems of which I will not go into chapter and verse but he was caused psychological injury BIG style in June 2009. He was in union who told him after he had been dismissed in Dec 2010 after 35 yrs! that they recommended ET. We lodged claim, they said they would arrange follow up to see WHETHER they would represent him. We were even down to Case Management Discussions before they gave him an interview and by which time we didnt have all the information we subsequently got from employer during disclosure. They gave him a 30 min interview and took a further two months to come back and say sorry we're not helping you as not more than 51% chance of success (based on their limited information).

 

We decided to go it alone - its not that difficult once you get into the mindset (however, I did the work for OH as he could not possibly have done it and therefore I send my heartfelt GO FOR IT vibes but it will be hard).

 

We were swayed by people saying we needed legal representation so decided to hold onto the disclosure of docs etc. and couldnt afford to pay full time solicitor but asked them to represent at hearing. They agreed. We had a bundle of almost 1000 pages in the end and two weeks before hearing solicitor took ill and case was handed to barrister (24 hours before ET started!!). We paid out £1000 per day for this guy, he was useless and I so wish I had followed it through myself - IT ISN'T THAT DAUNTING HONESTLY.

 

We lost as employer hired in the big gun lawyers and despite bullying, gardening leave, discrimination being admitted - they got off with it because our barrister didnt do his job and highlight their shortcoming. We registered for EAT but were two days late due to Xmas break and not getting full judgment through in time - but it didnt matter, it was out of time.

 

We were told to go PI route. Not a damned hope. Stress claims are so hard to prove that many NWNF solicitors arent interested - we tried 10 in all most of whom said we had a good case..BUT...........not enough time to investigate. SO GET THAT PI claim in early.

 

Anyway we have about 1 month to go and I am currently wading through Justice website which is mind blowing. No solicitor will even allow us to PAY for some advice on how to do this, CAB have said they dont have resources, we dont qualify for free help due to OH pension he had to draw to live on so as we have MOUNTAINS of evidence medical and procedural, we are on our own.

 

I am trying to find out how to sort out the initial claim form - think I am close but am searching for any hints on here. OH still suffering severe depression and receiving constant treatment - in fact still being accompanied when out for fear of what may happen!

 

The Personal Injury monster has been created so that only in my eyes, small easy to win claims are taken on. People with genuine severe cases are left high and dry.

 

This could cost us more money but will serve to show that we TRIED. I would hate in a few years for OH to be thinking, What if? So we dont get another holiday:roll: nothing new, but its not easy for psychological cases at ET or PI through courts - but hey, we have got to try.

 

Good luck to you, ACAS will contact you soon and perhaps getting them to intervene early with employer may get you a settlement, but do not worry about ET on your own - in fact in our case, I would recommend it and many many cases are run by individuals.

 

Anyway.......I must try and find what I came on here for..........help with psychiatric PI claims and civil actions claims

 

Hi Maximus,

 

I really feel where you are coming from I too had an ET hearing end of march 2012 had paid a junior barrister to represent me.

The case was disability discrimination, Constructive dismissal and breach of contract.

 

The barrister cost £1000 and what a complete waste of money. They represented me to my detriment and really trashed my case. I fully endorse what you said "our barrister didnt do his job and highlight their shortcomings". I really wish I could have represented myself also as I am the only one who has passion and insight re the case.

 

The decision came back at the end of April 2012 and as expected it was completely sided with the respondent. I have already submitted a review and now I have two weeks to submit an appeal on grounds of perversity/ law and REALLY NEED SOME HELP!!! When you handle the case yourself (which I do recommend now having had my experiences) it is so tiring!

 

I fully endorse what you are doing and wish you every success. The system in too many instances is set up to fail people whom really need it!

 

All the best maximus and good luck

 

BB

[Maximus1]

Thank you so much everyone for your good wishes. At least I smiled when reading them and not cried I appreciate where you are all coming from - all three sides in those replies really.

 

Good luck BB with your review and appeal and for gods sake get that appeal in sharpish we got our judgment Xmas eve with pages missing and naturally couldnt get anywhere with ET due to holidays. We eventually got them through mid January and the missing page comments were added to appeal and sent off..................guess what OUT OF DATE. Yep our barrister (a top one apparently - ha ha) £1000 per day x 4 + solicitors fees.

 

EAT would not agree to extension of time but we have used information given to us earlier on here and quoted Rule 3 at them and asked them to reconsider. We dont hold much hope but we just want another judge to look at the cock up that was made............if we get that and lose, I'll be settled.

 

Luckily no work to do on that front as its all done so after the decision not to go for PI has been made I am already clearing my desk of mountainous amounts of notes and paperwork (wont shred it yet though - not ready)

 

Papas. I gather a union man........I hope not an ET rep my friend as they are useless (or at least in OH's union). OH was a local committee official but could not believe the way they acted when it came to cards down time (having them spend some money to help a member). After 32 yrs of subs he deserved some help but they were rubbish. From your postings and advice given freely I imagine you are NOT one of those thank heavens:-D

 

Again thanks and good luck to you all - WE DESERVE IT FOLKS.

[honeybee13]

Hello there.

 

Papas. I gather a union man........I hope not an ET rep my friend as they are useless (or at least in OH's union). OH was a local committee official but could not believe the way they acted when it came to cards down time (having them spend some money to help a member). After 32 yrs of subs he deserved some help but they were rubbish. From your postings and advice given freely I imagine you are NOT one of those thank heavens

 

I'll let him speak for himself, but I believe that is the reverse of how he feels.

 

HB