ET

[manxmoo]

I have a CMD coming up in the next few weeks.

On the ET3 my ex employer has requested a strike out. There is a great deal of evidence to support my case so am I better hoping that the judge proposes to go to a full hearing, or should I request a pre hearing review?

My claim is now very complex, involves whistleblowing and constructive dismissal.

I believe a pre hearing review is a public hearing? I suppose things will come into the open if we get to that stage, which doesn't concern me at all!'

Going it alone, but I have counsel that will take on my full case if we get to hearing!

Thanks

[Pusillanimous]

Yes it is public unless stated otherwise. However, unless you invite the press along, nobody but the parties involved are going to know of it.

[SweetLorraine]

Erm, correct my if I'm wrong anyone (please do) - I think a CMD is public but a PHR is only open to the public if both parties agree to let the public into the PHR. Otherwise it is a private meeting.

 

I'd imagine the strike out would be discussed at the CMD and a PHR scheduled at that point if the judge thought one might be needed. There is nothing to stop you requesting one in the meantime I guess.

 

What is their request for striking out the claim? Timing, or vexatious claim etc;

[Pusillanimous]

Completely wrong. A CMD is private; between the parties only (although I dare say you can take a friend if you introduce them to the judge). A PHR is public unless stated otherwise.

[dj1971]

If you are not represented you certainly can bring a friend along to the cmd for moral support. I did at both my cmd's and the judge was find with it.

 

DJ

[SweetLorraine]

Completely wrong. A CMD is private; between the parties only (although I dare say you can take a friend if you introduce them to the judge). A PHR is public unless stated otherwise.

 

Thanks for clarifying Pusillanimous - that's handy to know.

[manxmoo]

I have a CMD coming up in the next few weeks.

On the ET3 my ex employer has requested a strike out. There is a great deal of evidence to support my case so am I better hoping that the judge proposes to go to a full hearing, or should I request a pre hearing review?

My claim is now very complex, involves whistleblowing and constructive dismissal.

I believe a pre hearing review is a public hearing? I suppose things will come into the open if we get to that stage, which doesn't concern me at all!'

Going it alone, but I have counsel that will take on my full case if we get to hearing!

Thanks

Great news! Judge decided no costs or deposit and my case to go directly to full hearing, due to the amount of evidence to be heard and also in public interest!

A long way to go but feeling positive!!!

[becky2585]

A good result for you, as its placing additional pressure on them knowing they have to now fork out legal fees for the final hearing (probably). It puts you in a stronger bargaining position in terms of settlement.