CMD what to write or say??

[steampowered]

I would to unfair dismissal and discrimination. I do not see what you could possibly gain by bringing a whistle-blowing claim here. It is fine that you ticked the box but I wouldn't bother including it as a separate claim in the Schedule of loss.

 

Hundreds of pages is fine, if it is justified. However the bundle does not have to include everything just for the sake of it. The Tribunal will not sit and read through the bundle, as a general rule they will only look at the pages you point out to them at the hearing. Anything you refer to in a witness statement and anything you might want to refer to at a hearing should be included.

[Mariachida]

Hello

 

I want to list my reports as my boss said that they ( reports and my work) were below company standards therefore..i should be dismissed. I have wrote a report when i joined the company...i don t think my style is worse after 5 years in the company..then when I arrived. anyway...

 

ok maybe i am not that clear about what means wistle blowing..( it is written in one of my reports that the products imported are not compliant to regulation...and none of my managers moved....and colleagues said that due to the lack of resources the key points were cost and delivery...could you imagine if this company is controlled and it appears that they didn't really try do comply, this company is seen as one of the best by tradint standards...but if controlled by another relevant competent authorities they could receive a big fine plus bad advert , maybe not).

the grievance and the grievance appeal, the dismissal appeal...emails to HR, minutes meeting and agendas ...will be listed...i never thought about specific pages..I have tried to summarise the main facts in the ET1

it is a lot of work...as I need first to understand what is required, and then have to select the most important.. and write it properly!!

 

it is not so easy this long battle...

 

 

thanks

[Mariachida]

hello

 

i had the CMD, but the judge wants more clarity about my claims as some of them are overlapping each other ( unfair dismissal, viticimisation, blowwistle) ..he needs a "schedule of scope"..detailed table about incidents, date, people involved and legal issue...So everything is postponed until i have prepared this doc and the respondent has reviewed it ...aarghh

[steampowered]

Then that is what you need to do. As above, I would just stick to unfair dismissal and discrimination. If you argue discrimination this argument can only succeed if you were discriminated against on the basis of a protected characteristic such as race or gender - general discrimination is not a legal claim. I don't really know the full facts of your case but the whistleblowing claim sounds fairly pointless and there is no such thing as a victimisation claim.

 

It is common for people who are not legally advised to simply write down every possible claim they can think of. As the judge explained, you need to be very specific. Ideally you need to explain exactly what claims you are bringing, what the basis for those claims is and what damages you want and how those are calculated. In the British court and Tribunal system it is the role of the judge to decide which of the parties is correct based on the submissions they have made; the judge will not act like a detective and he will not sit down and work out your case for you.

 

Did you prepare a Schedule of Loss already? If so you already have a good basis to prepare the Schedule of Scope.

[Mariachida]

i misunderstood the judge...he was talking abot scott schedule....

[monkeychicken]

a scott schedule is simply a scedule summarising the mani issues in your case. Here is a brief guide.

http://lawbarrister.net/middleton/what-is-a-scott-schedule.html

also read advice on www.etclaims.co.uk and dont panic

[Mariachida]

a scott schedule is simply a scedule summarising the mani issues in your case. Here is a brief guide.

http://lawbarrister.net/middleton/what-is-a-scott-schedule.html

also read advice on www.etclaims.co.uk and dont panic

 

Hello it took me time to write the Scott schedule

I detailed it a bit too much according to my solicitor but it was acceptable and clear about what I claim. Some claims are weak ( protected disclosure) some will depend on the judge opinion I assume ( victimisation and unfair dismissal).

 

Now the respondent came back saying it is unclear difficult to understand and asks us to pospone the CMD hearing...which was already rescheduled 2 months ago as the judge requested this scott schedule. My solicitor found the document clear...it is not well written as English is not my mother tongue and the scott schedule is "specific" way of communication

 

I dont want to pospone this cmd hearing as I am sick of this situation...and it is costly..

 

now It is clear that Tribunal are different from a country to another one...In my country it is os different...I started to think that i should have informed competent authorities about the lack of compliance of our imported products...informing the top manager was useless...[my manager made mistakes when interpretating regulatory text..and gave wrong recommendations, I sent in my grievance report some prooves: their answer in the grievance outcome: indeed, but he progressed...When How, i don t know!!] ...at the end the manager corresponds to their standards not me...lost battle!!

[Mariachida]

Hello

 

I have some news: I realised that it is crasy ( costly) to fight a big company

anyway after the ET1, the scott schedule and the CMD hearing, they will be hearing at the tribunal for unfair dismissal and victimisation. I have withdrawn protected disclosure following the advise of my sollicitor.

the respondent proposes 7days hearing (we have a lot of documents to read :emails reports grievance, grievance appeals dismissal appeal etc..!! for me now the best is the judicial mediation otherwise I cannot afford so long procedure...

[Mariachida]

Hello

 

I have some news: I realised that it is crasy ( costly) to fight a big company

anyway after the ET1, the scott schedule and the CMD hearing, there will be the hearing at the tribunal for unfair dismissal and victimisation. I have withdrawn protected disclosure following the advise of my sollicitor. Tribunal hearing in feb 2014, respondent has 5 witnesses.

the respondent proposes 7days hearing (we have a lot of documents to read :emails reports grievance, grievance appeals dismissal appeal etc..!! for me now the best is to propose a judicial mediation otherwise I cannot afford so long procedure...and too coslty

what are my expectations in such situation?

the solicitor is expensive for me not for the company has they have in house solicitor...i though that they would have propose an agreement...to avoid waste of time and money...;-(((

they were convinced also that this case won t go to the tribunal..

regards

M

[steampowered]

You can't afford a solicitor for such a long hearing, and I doubt the Respondent wants to pay for one. It is in the interests of both parties to settle.

 

You could write the Respondent a short letter explaining that, while you feel you have a strong case, in the interests of saving time and money on both sides you are prepared offering to settle all your claims for a certain amount.

[Emmzzi]

you could represent yourself?

[Mariachida]

indeed I can represent myself...is it advisable...

 

.

[honeybee13]

Hello there.

 

You seem to have parallel threads running. I've merged them so the information stays together.

 

My best, HB

[Mariachida]

You can't afford a solicitor for such a long hearing, and I doubt the Respondent wants to pay for one. It is in the interests of both parties to settle.

 

You could write the Respondent a short letter explaining that, while you feel you have a strong case, in the interests of saving time and money on both sides you are prepared offering to settle all your claims for a certain amount.

 

i wish it is possible ..it is one of the biggest company in UK...anyway they were convinced that the case had no chance to go the the tribunal..so...

my solicitor seems to think about the judicial mediation as the best choice..so will propose it and see what the respondent says..

do you think that we can contact directly the respondent...and to save some money and time, try to agree on a certain amount of money...or do we need to have this judicial mediation at the tribunal ( a day I think)..

thnks

[steampowered]

i wish it is possible ..it is one of the biggest company in UK...anyway they were convinced that the case had no chance to go the the tribunal..so...

my solicitor seems to think about the judicial mediation as the best choice..so will propose it and see what the respondent says..

do you think that we can contact directly the respondent...and to save some money and time, try to agree on a certain amount of money...or do we need to have this judicial mediation at the tribunal ( a day I think)..

thnks

Judicial mediation is just a formal way of trying to reach a settlement. You do not have to go through a mediation just to make a settlement offer. Clearly your solicitor thinks they might settle, as if they had no intention of settling they would not attend a mediation.

 

There is no reason why you can't write a short letter offering to settle the case for a sum of money (obviously this would need to be less than what you are asking for the Tribunal for). This is a very common thing to do. There is no down-side, the worst that can happen is simply that they reject your offer.

[Mariachida]

Judicial mediation is just a formal way of trying to reach a settlement. You do not have to go through a mediation just to make a settlement offer. Clearly your solicitor thinks they might settle, as if they had no intention of settling they would not attend a mediation.

Thank you

Hopefully they will accept a judicial mediation...and a settlement

will see what will happen...we have propose a judicial mediation today...

There is no reason why you can't write a short letter offering to settle the case for a sum of money (obviously this would need to be less than what you are asking for the Tribunal for). This is a very common thing to do. There is no down-side, the worst that can happen is simply that they reject your offer.

 

 

Hopefully they will accept a judicial mediation...and a settlement

will see what will happen...we have propose a judicial mediation today..

[Mariachida]

hello

 

the respondent has accepted the judicial mediation...i am surprised...

thanks

 

need to prepare this..

 

regards

[steampowered]

That's a good sign. It is likely they will be thinking about making an offer. You will need to think about your negotiating position and think about what is the lowest amount you are prepared to accept.

[Mariachida]

Thank you

 

I already prepared the schedule of loss..will see

keep you udpated

[Mariachida]

dear all

 

I am now not living in uk it has been a year since i was fired

It is time for the mediation but i don t want to go

i spent already too much money

my sollicitor is not really convinced that i will win some money

i received no anwer after the schedule of loss...staill wating for the counter schedule and the mediation is on friday!! this friday

i thought i could just stop the process but my sollicitor told me that I must go

i just founf a job two weeks ago, difficult for me to take two days off...

and i am tired of this story

so much money and stress

 

what are my options? do i need to go

what are the risks for me if not ( losing the case is not a risk but bad as i spent so much time and money for ET1 CMD and scott schedule) , do I risk a fine from the tribunal

 

can I ask to posponne it...or habe a note from my gp saying that i canno t travel..which could be the only excuse accepted...

 

thank you

[steampowered]

You must not simply withdraw from the Tribunal now you have issued proceedings. If you simply withdraw there is a risk that you will be ordered to pay the employer's legal costs. If you want to withdraw then you need to write the other side a 'without prejudice' letter offering to withdraw but only if they will agree not to pursue you for costs. Most employers would accept this.

 

I think you should go to the mediation unless there is a very good reason not to. I imagine the employer will offer you something, even if it is a very low figure, otherwise I struggle to see why they would attend the mediation.

 

I wouldn't think there would be an automatic costs penalty for not attending the mediation. However failure to attend would be taken into account if your employer requested costs on the grounds of unreasonable conduct. If you aren't going to attend the mediation you need to notify all parties of that immediately to avoid wasting people's time. If you wait until the night before to withdraw or you just don't turn up that will greatly increase the risk. If you don't attend a GP's note would help but it wouldn't be enough to save you entirely.

[Mariachida]

You must not simply withdraw from the Tribunal now you have issued proceedings. If you simply withdraw there is a risk that you will be ordered to pay the employer's legal costs. If you want to withdraw then you need to write the other side a 'without prejudice' letter offering to withdraw but only if they will agree not to pursue you for costs. Most employers would accept this.

 

I think you should go to the mediation unless there is a very good reason not to. I imagine the employer will offer you something, even if it is a very low figure, otherwise I struggle to see why they would attend the mediation.

 

I wouldn't think there would be an automatic costs penalty for not attending the mediation. However failure to attend would be taken into account if your employer requested costs on the grounds of unreasonable conduct. If you aren't going to attend the mediation you need to notify all parties of that immediately to avoid wasting people's time. If you wait until the night before to withdraw or you just don't turn up that will greatly increase the risk. If you don't attend a GP's note would help but it wouldn't be enough to save you entirely.

 

 

thank you

i just started to work, i would need to take two days off to be at the tribunal on friday. I am in France not in UK, and would need someone for my daughter...

plus to prepare the mediation..with so much documents etc... it is too much for me... too much stress

 

now the risk is that the company asks me for legal costs...wouahhaah this is so different here

i will see with my solicitor tomorrow> I am still waiting for their counter schedule...sthey have told us they will send it...last Thursday...

 

it is a big company in uk ..it is was crazy to fight them

 

thank you

 

regards

[Emmzzi]

A fair question to be asked is "why didn't you withdraw when you moved country, if you knew it would be difficult to attend court."

[steampowered]

If you really can't attend the mediation, the best course of action would be to let everyone know ASAP. You can then send the Respondent a 'without prejudice' letter stating that, although you regret being unable to attend mediation, you believe you have a valid claim and accordingly would be willing to settle your case for a specific figure. You then name your figure.

 

There is no reason why you can't settle this case. You might not get the settlement amount you hoped for when you started this, but if it is a genuine claim I imagine you would probably get something.

[Mariachida]

Thank you

I was wrongfully waiting for the counter schedule...to propose a figure

I doubt they will propose any money... they put ET3 and then they criticised so much my scott schedule..

now i am waiting for their view on the schedule of loss since august..

 

will see

 

regards