Need advice on forthcoming tribunal

[Missycato]

Hi Cuthbun,

 

I don't know if you'll see this (hoping that you have email notifications on) but I'm in a similar situation to what you were. I was unfairly dismissed and I've got my Case Management Order from the Tribunal.

 

I found your thread via searching for the terms "documents shall be fastened together in a file so as to open flat" because I'm representing myself and needed some advice.

 

I just wondered if there's anything that you could tell me about your experience or any hints and tips that may be useful? I realise that you posted quite some time ago but would really really appreciate it if you could take the time to respond to me.

 

Sorry to everyone else for bumping this but I can't send PM's as I have

[Cuthbun]

Hi Missycato

 

I'm afraid I'm not going to be able to offer you much advice as the case didn't even get as far as a pre-tribunal hearing. I accepted a COT3 agreement arranged by ACAS and settled out of court.

 

What I would say is that if you genuinely have a solid case against your former employer, then stick to your guns and don't be bullied by them or their legal representatives. They will probably try every dirty trick in the book to dissuade you from continuing with your claim. Remember, it is their responsibility to compile the bundle and to provide copies to all parties. This is a time consuming and costly exercise for them - not to mention their huge legal costs. This is why my former employer agreed to settle out of court.

 

Is there anything specific you need advice on?

 

C

[honeybee13]

Hello Missycato and welcome to CAG. I've started a new thread for you and hope the guys will be able to help you. It is not recommended to give or seek advice by PM on CAG, which is for everyone's protection. If you're unable to find the site rules about this, I can send you a link. Please continue to ask your questions on this thread. My best, HB

[Missycato]

Hi Missycato

 

I'm afraid I'm not going to be able to offer you much advice as the case didn't even get as far as a pre-tribunal hearing. I accepted a COT3 agreement arranged by ACAS and settled out of court.

 

What I would say is that if you genuinely have a solid case against your former employer, then stick to your guns and don't be bullied by them or their legal representatives. They will probably try every dirty trick in the book to dissuade you from continuing with your claim. Remember, it is their responsibility to compile the bundle and to provide copies to all parties. This is a time consuming and costly exercise for them - not to mention their huge legal costs. This is why my former employer agreed to settle out of court.

 

Is there anything specific you need advice on?

 

C

 

Oh, well that's great for you at least.

 

I think that I do have a solid case but I'm in a similar situation to you, no union help and no insurance for legal expenses. I think the whole thing needs to be made a bit clearer for people in this sort of situation as there are a lot of things that are quite vague regarding how the process works.

 

My employer was a giant multi-billion pound company with their own legal team so it should be interesting at least - I feel that they're already trying to intimidate me. I did actually misread the Case Management Orders at first and thought that we both had to complete the bundle, I'm glad I found your thread which made me realise it was just the respondent.

 

There isn't really anything specific that I was going to ask, I do have a lot of questions but I don't think you'll be able to help since you accepted the COT3. I guess I could ask how long it took for them to offer the COT3, how far along were you in the process? There isn't a pre-tribunal hearing in my CMO so I don't know when that would take place.

 

Thanks for responding

 

Hello Missycato and welcome to CAG. I've started a new thread for you and hope the guys will be able to help you. It is not recommended to give or seek advice by PM on CAG, which is for everyone's protection. If you're unable to find the site rules about this, I can send you a link. Please continue to ask your questions on this thread. My best, HB

 

Thank you and sorry, didn't realise about the PM thing.

[honeybee13]

That's OK, but it would be a good idea to read the site rules anyway. As long as you don't name names or mention personal details, you should be fine. HB

[SweetLorraine]

Hi, welcome Missycato,

 

I would recommend you get yourself onto the etclaims.co.uk for some general advice and perhaps get hold of the book mentioned on there (third edition - some libraries carry copies if it appears pricey - but you will learn more from that that a many pricey hours with a solicitor).

 

What the book doesn't cover is the sharp practices that may be deployed against you by the other side. A solicitor could help there - as indeed this site (as best we can).

 

Any general questions at the moment?

[Missycato]

Thank you SweetLorraine. I've actually seen the etclaims website before but I guess that I didn't look in much detail as I didn't know there was a book, I'll check it out, thank you for that.

 

I'm definitely not using a solicitor as I can't afford it so that's out of the question could you give me any examples of what you have come across regarding sharp practices in your experience?

 

I haven't really got any other questions at the moment as I'm still waiting to receive the ET3, it has been sent by the respondent but hasn't been forwarded to me yet.

[SweetLorraine]

Hi Missycato,

 

if you look back through the posts on this forum you may begin to get a feel for how the respondent may behave against you. Hopefully it won't be so bad for you. Each claim (by definition) must have its own individual storyline. I guess once you get the ET3 and you draw nearer the hearing date then your concerns may arise and you can seek advice here.

 

Good luck.

[Missycato]

I have received the ET3 now. The respondent has given a lot of inaccurate information. I'm not saying that it's inaccurate in my opinion, I mean factually inaccurate.

 

Will I be given the opportunity to respond to their ET3 at the hearing or should I let the tribunal know that I disagree with it now?

[SweetLorraine]

Hi Missycato,

 

and so it begins....

 

hopefully we can save you weeks of worry and possibly heading up dead-ends. I'm not a legal eagle at all, more a sparrow with a broken wing if you view my old thread charting my errors.

 

Get a copy of that book I mentioned. It explains a lot about the processes/steps involved and you will see when you will be required to do what, and where you need to do it. (It will help you immensely)

 

You need to understand, right now, that you are well behind the learning curve of where you need to be if you are trying to get to the hearing; let alone representing yourself once you are in there. I guess this site can help you with some advice - but a visit to a legal adviser once you are a little more au fait with the processes would be most helpful I would imagine.

 

Right now all the Tribunal knows about your claim is the ET1 and the ET3. Both sides may have to attend a meeting with an Employment judge prior to the hearing.

 

You need to be aware of the significance of a Case Management Discussion (CMD) hearing and what it entails. (I wasn't represented and thought it was just about setting dates for the exchange of documents and setting a date for the hearing - at my CMD hearing the respondent sent a QC - I was completely bambozzled by what went on at that meeting!). [Get the book - I hadn't by that point]. The Employment judge may ask you to submit additional information (to supplement your ET1) at that hearing. so that might be an opportunity to challenge some of the assertions that the respondent made in their ET3.

 

You will submit a witness statement (do you have any witnesses on your side?) and so will the respondent and their witnesses. Both sides should submit their combined supporting documentary evidence in an agreed bundle (ahem!).

 

There is an opportunity there, within your side's statement(s), to undermine/challenge assertions made by the respondent in their ET3. Though I would concentrate on putting forth your own case - not undermining theirs.

 

And of course some of your documentary evidence could completely undermine some of the respondent's claims as well.

 

But that is in the future, the Tribunal will not want an email discourse on this at this stage.

 

If you think the ET3 has some shaky facts, you may have to be sitting down before you read their witness statements!

 

But if you have a good case and supporting evidence that plays into your hands if you can reasonably demonstrate their factual inaccuracies.

 

Have you considered judicial mediation? That is a service offered by the Tribunal and might be worth considering as a more straightforward route to resolution.