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tr1kky

I have a pre hearing review in feb 2013 for late presentation of my et1 form.

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I have a pre hearing review in feb 2013 for late presentation of my et1 form.

I am representing myself as i cannot get a solicitor to touch me with a 10ft barge pole unless i win the right to still have my et go through, then i have my choice of solicitors because my case is solid. the only thing on my ex employers side is my et1 form was presented late! (5 days)

How do i go about putting my case accross for why it should go ahead, i didnt have a clue about the law or anything to do with tribunals. everything i have found out has been googled on the internet.

I need some help desperately.

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I have a pre hearing review in feb 2013 for late presentation of my et1 form.

I am representing myself as i cannot get a solicitor to touch me with a 10ft barge pole unless i win the right to still have my et go through, then i have my choice of solicitors because my case is solid. the only thing on my ex employers side is my et1 form was presented late! (5 days)

How do i go about putting my case accross for why it should go ahead, i didnt have a clue about the law or anything to do with tribunals. everything i have found out has been googled on the internet.

I need some help desperately.

 

Hopefully the site team will give you your own thread soon.

 

In terms of your question, it's very rare that a tribunal will allow a late claim. Why could you not submit it in the three month time limit? Was there a good reason?

 

Also, what precisely are you claiming?

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Hello and Welcome tr1kky,

 

I have started a new thread for you, please continue to post here regarding this issue.

 

Regards,

 

Scott.


 
 

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Hopefully the site team will give you your own thread soon.

 

In terms of your question, it's very rare that a tribunal will allow a late claim. Why could you not submit it in the three month time limit? Was there a good reason?

 

Also, what precisely are you claiming?

 

Hi

was ill with severe depression and anxiety, i had no idea there was a time limit and to be honest i was so depressed i hadnt thought about taking my ex employer to a tribunal until i started emerging from the blackness i was in.

Im kind of lucky it was only five days late, as daft as that sounds. its just by chance my anti deprssants where working and i started thinking a bit clearer.

If it isnt heard at a tribunal hearing i have every intention of taking it to civil court.

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sexual discrimination, victimization, hurt feelings and loss of earnings.

My ex employer never followed one single procedure they had put in place with our union with regards to my case, but funnily enough cite me not following procedure by putting my et1 form in late! hypocrites!!

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Ok.

 

The first thing is that if you are claiming unfair or constructive dismissal in addition to the claims above, the time limits will only be extended if it was not reasonably practicable to bring the claim in time. You say you weren't aware of the time limits, but if you personally had union backing, I suspect the tribunal would reasonably expect you to be aware of the time limits. The same goes for if you had any legal advice at all. You have to show the tribunal that there is no way you could have presented the claim form before the day you did, with medical evidence if necessary.

 

To seek an extension of the discrimination claim is sometimes easier, as it can be extended if it is just and equitable, rather than not reasonably practicable. You can also link together a series of acts and use the last act to calculate limitation.

 

I'm afraid I don't have any positive stories about this as most claims which haven't been brought in time are struck out. But it's not hopeless.

 

Just take into consideration as well that if you don't succeed in tribunal, the county courts don't have jurisdiction to hear the same claims as the tribunal, so I'd recommend seeing a lawyer if you go down that route.

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ive had no union help or legal help, any information i have got ive done through googling it. ive got medical evidence from my psychologist to support my claim.

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Make sure you disclose your medical evidence. You need to argue it is just and equitable to extend the time limits.

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Have a look at http://www.legislation.gov.uk/ukpga/1996/18/section/111. As Becky said, the Tribunal can only extend the time for an unfair dismissal claim if it was not reasonable practical to present the claim within the three month time limit. The fact that you didn't know about the time limit is not enough. I don't want to sound negative but it sounds like you have very little chance of getting an extension for the dismissal claim - the rules are very strict on this, hopefully you will have more like on the discrimination part.


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Ok.

 

The first thing is that if you are claiming unfair or constructive dismissal in addition to the claims above, the time limits will only be extended if it was not reasonably practicable to bring the claim in time. You say you weren't aware of the time limits, but if you personally had union backing, I suspect the tribunal would reasonably expect you to be aware of the time limits. The same goes for if you had any legal advice at all. You have to show the tribunal that there is no way you could have presented the claim form before the day you did, with medical evidence if necessary.

 

To seek an extension of the discrimination claim is sometimes easier, as it can be extended if it is just and equitable, rather than not reasonably practicable. You can also link together a series of acts and use the last act to calculate limitation.

 

I'm afraid I don't have any positive stories about this as most claims which haven't been brought in time are struck out. But it's not hopeless.

 

Just take into consideration as well that if you don't succeed in tribunal, the county courts don't have jurisdiction to hear the same claims as the tribunal, so I'd recommend seeing a lawyer if you go down that route.

 

Hi Becky,

 

 

please can you clarify why a county court claim cannot be brought? I sat in on a case at the EAT yesterday.

The claimant was trying to get there case for full hearing 'race discrimination was not denied' just the claim was out of time.

The Claimant put in a county court claim in nov 2012, so is running two claims concurrently, therefore I am not sure why you are saying this is not possible?

 

Regards

 

BB

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This is because Race Discrimination (and other discrimination, such as Disability) is a legal offence as well as a civil one. Unfair dismissal is employment tribunal only, although you would be expected to take any personal injury claim relating to the workplace there first, before anywhere else.

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