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pearce75

Employer has told me Tribunal is cancelled.

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I have a tribunal date in March with my former employer. He still has several days in which to reply to the ET claim. I received an email of him saying:

 

"If you had done your homework this does not give you the option of a tribunal and your complaint has been cancelled by the tribunal services. Needless to say your mention of the tribunal is of course nonsense and is only included to try and cause me harm and to extort funds that you are not owed."

 

He then goes on to list all his arguments and make a few more wild claims. Which is great in a way because as well as everything I did have prepared, I am now aware of other arguments or objections.

 

I have had my letter of the tribunal saying the date etc, I have had a letter - this week - of ACAS stating their involvement followed up by a call from one of their conciliators, I confirmed with him that the case was still to be heard although I did not mention the email.

 

I have emailed the employer saying I did not realise it had been cancelled and if it was not a true statement, he was free to admit that. No reply so far.

 

So, assuming, the tribunal is going ahead, the employer has several days yet in which to put their response to the tribunal, I have given him opportunity to say it is a false statement. I do not know if he genuinely believes it or has used it as a tactic.When would I let the tribunal know, I think the taunting/insulting manner of the email works to my advantage but I do not want to let the ET know before he has had several days in which to consider his action. The fact that this would take us past the cut-off date for his response to the ET for the original claim is not my fault.

 

Has anybody any experience of a similar event, they have been told by the respondent that the claim has been cancelled even though it has not.

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I wouldnt have engaged with him to be honest, dont think it adds any value other than to let him get out of a situation he has put himself in. I would have mentioned it at the Tribunal that he said that in an email in a effort to get you not to turn up or miss it due to his email

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Yeah, I know what you are saying, I went from thinking "say nothing" to "say everything" to prove it is ongoing. My thinking is, at least this way, I can show I have been reasonable.

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You'll need to include the emails in the final bundle of evidence, and you can draw the tribunal's attention to it at that stage.

 

If the Tribunal has listed a hearing, clearly it hasn't been "cancelled". And if you brought a claim out of time for example, which couldn't be heard by the tribunal, they would write and notify you.

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lesson is dont take everything respondent says at face value


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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