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Hi Madari,

 

yes they are due to represent me however I am not 100% sure if a) they will be there on the day and b) will be properly versed in my case c) even if they represent me I would like to have 10 mins speaking with the judge as well- do you think this would be a possibility

 

K regards

 

Billy

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Hi,

 

Relax and do not get worked up....cover ups are the order of the day with all organisations and the EAT are all too aware of this fact, your best bet id to argue this point at the appeal hearing.

 

I suggest you google:

`Burns - Barke procedure`...and use this as a driving tool for your case

 

Good luck.

 

Hi Madari,

 

to clarify the dish of the day turns out to be very fishy!

It turns out that the director of my ex-department who was one of the Respondent's named in the proceedings, whose calls and documentation play a big part in the information that has been covered up, is a consultant for the Police- he specialises in advising them on digital recordings and the respondents are trying to say no calls were recorded, 'calls took place mobile to mobile', no minutes were made, no subsequent calls were made to junior or senior members of staff? Come on.... as an FSA registered firm this stinks and would appear highly irregular!

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Are any of these things points of law that the EAT can use though? Sounds like you are getting bogged down in detail again.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Are any of these things points of law that the EAT can use though? Sounds like you are getting bogged down in detail again.

 

Hi Emmzii,

 

nope the things are unfortunately not points of law, the material non-disclosure is the only point of appeal, however I like to think "the devil is in the detail":evil::evil:

 

Regards

 

BB

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Hi,

 

Relax and do not get worked up....cover ups are the order of the day with all organisations and the EAT are all too aware of this fact, your best bet id to argue this point at the appeal hearing.

 

I suggest you google:

`Burns - Barke procedure`...and use this as a driving tool for your case

 

Good luck.

 

Hi Madari,

 

with regards to the Burns- Barke procedure I think that the ET will be able to adequately explain their reasoning behind their judgement, based on the facts that were before them. However the facts that were not before them this is a different story!

 

what do you think?

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Medical consent form/ data protection issue.

 

I have a couple of issues here:

I was tricked into signing a medical consent form by the company so they could request a medical report from my GP detailing my impairment, I expressed I only wanted the report to go to one person within the organisation.

a) I understand for the report to go to one person is not possible even if it appears unfair unto me.

-I gave THE COMPANY as a group access to the report

-The employer's staff need to do their jobs, so more than one person needs to see the report.

 

Fair enough, begrudgingly I accept this.

 

HOWEVER as soon as the Respondent receive the report they forward it onto their external firm of solicitors!

Now I am pretty sure as per DPA 1998, this is neither fair, transparent, not for the intended use and this kind of sensitive information should not be passed on to 3rd parties.

 

Can anyone advise?

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You need to examine carefully what they did reason line by line. This is what the EAT will be looking at. Identify where the reasoning is wrong. You sound as though you are not sure what the reasoning is..?

 

As Madari and Emmzi said, you need to focus concentrate on getting granted a full appeal hearing.

 

They will not care aout the competence of the Police adviser nor the fact the solicitor has gone abroad.

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The 2nd Respondent was dismissed from the proceedings and yet he still gave evidence against me is this procedurally irregular?

 

Apply to amend your Notice of Appeal to include all of these newer facts, as the judge reads all of the paperwork in advance and will not want to be surprised by new information on the day.

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amended EAT1 done and dusted, now to get to work on the skeleton argument, however got a feeling this is going to be a rehash of the stronger appealable points from the EAT1 but with more added detail and encompassing the entire bundle before the EAT.

 

Any suggestions?

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Sorry to be a spoil sport but a 3[10] hearing will last no longer than 10 minutes as the error of law,if there is one, will be blatantly obvoious to the EAT judge after he has read all the documents supplied to him in advance of the hearing.

 

Further, if you are being represented by an Elaas barrister then there is nothing for you to worry about let the experts deal with it all.

 

best of luck.

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  • 2 weeks later...

Its ok Madari,

 

the savior position has now been fulfilled....I have been assigned and accepted my Elaas rep, and they look like (from an online profile) the business.

 

However, I did say the same thing about the last barrister who rep'd me at the ET hearing and made a spectacular balls up of my case...I pray to god it goes better this time around!

 

This is my last chance at justice and I just really hope it goes much better this time.

 

I still have my worries, the barrister is only going to look at the case for the first time tomorrow leaving one day to prepare and will they have a good enough insight (ie not having been present at the first hearing)

 

I too would also like to have 10/15 mins to present my argument to the judge also (will this be possible?)

 

Any advice to alleviate my worries or anything I should be asking my rep, or pointing out to them?

 

The main (and pretty much only) point appealing on is non-disclosure of material documentation it is a valid appeal but will it be enough to sway the judge on the day!!!

 

All feedback (and criticism) most welcome!

 

Best wishes

 

BB

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I told you, you have nothing to worry about, you will have your 15 min with your rep...who from my own experience [the elaas reps] know how to talk the talk and walk the walk.

 

Unless you decide to represent yourself you will be taking a back seat at the EAT n the day of th hearing.

 

Just pray that you get a fovourable and understanding judge...who from my own personal experience they all are...unlike the ET judges.

 

Good luck.

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Been looking with great interest at your posting. We are about to go down the same route of lodging an appeal to EAT based on points of law, perversion, bias and possible procedural points. Still hoping to get representation for but finding it difficult due to respondent being a major employer and find they can't help as there on all the books of the solicitors and other things have occured which means that we have new evidence which was known of until the ET. Your posting is very helpfull to understand more about how to put these things should we have to do it ourselves.

 

Good luck for your hearing really hope result goes in your favour.

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Stop looking for lawyers who are in it for their own personal & financial gains,just lodge your appeal within the time limit and the `madari` will provide all guidance as regards the EAT process......you will be granted representation at the EAT by a highly qualified Counsel from Elaas.

 

Been looking with great interest at your posting. We are about to go down the same route of lodging an appeal to EAT based on points of law, perversion, bias and possible procedural points. Still hoping to get representation for but finding it difficult due to respondent being a major employer and find they can't help as there on all the books of the solicitors and other things have occured which means that we have new evidence which was known of until the ET. Your posting is very helpfull to understand more about how to put these things should we have to do it ourselves.

 

Good luck for your hearing really hope result goes in your favour.

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Been looking with great interest at your posting. We are about to go down the same route of lodging an appeal to EAT based on points of law, perversion, bias and possible procedural points. Still hoping to get representation for but finding it difficult due to respondent being a major employer and find they can't help as there on all the books of the solicitors and other things have occured which means that we have new evidence which was known of until the ET. Your posting is very helpfull to understand more about how to put these things should we have to do it ourselves.

 

Good luck for your hearing really hope result goes in your favour.

 

Hi Rightsforme,

 

thanks so much for your kind wishes (really need it right now), please send out some more light and love I'm going to need it big day tomorrow!

 

Yep, I was in the same position as you, the people I worked for are THE largest in their sector in the country. But needn't worry. I put the 3(10) appeal together myself and have a Representative on the day (who looks pretty prolific judging by their internet presence) so as Madari says get your appeal in and hope for the best and you will be allocated an ELAAS Rep.

 

Judging by his last post on this thread; "the Madari" got your back! And any help I can offer please feel free to ask.

 

I will be donning the Armour tomorrow morning, ready for battle, so wish me luck people!

 

Best wishes

 

BB

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Booooohoooo,

 

the judge rejected the appeal at the 3(10) hearing...Judge was very nice though and ELAAS rep was 'walking the walk' and great at the task at hand!

 

The mess done in the first ET hearing was too much to go back on.

 

Looks like this is the end of my Employment Tribunal journey folks...its had highs and mostly lows ...but has been a great learning experience and character builder none the less...If I could do it again I would probably give it a miss.thanks for all the help from everyone on this forum who has been there with advice, analysis, rational commentary and feedback.

 

Special thanks to Emzii, Madari, Pusillanimous and HB.

 

What to do with Life now, thats the question?

 

Will continue to post on CAG and hope that I will be able to help any others who have to face similar burdens of ET processes.

 

All the best

 

bb

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