Tribunal advice needed - complex question

[RCW]

Do I need to print the full case documentation for every case law reference? Hopefully not??

 

This would be a monster exercise. I.e. there are probably 6 references to cases and they look like up to 50 pages each... 6 copies of each would be 2000 pages or so in total...

[mariefab]

I would expect that if someone is going to refer to a particular case they should bring a copy of it with them because the Judge can't be expected to hold the details of every previous case in his head.

 

The Respondents should take copies of the cases they specified, but to be on the safe side I'd print out the whole of para. 37 of Kirklees and highlight (4):

 

(4) We consider it a matter of the greatest importance that there should be no doubt or uncertainty as to the date which is the 'effective date of termination.' An employee's rights either to complain of unfair dismissal or to claim redundancy are dependent upon his taking proceedings within three months of the effective date of termination (or in the case of redundancy payments 'the relevant date'). These time limits are rigorously enforced. If the identification of the effective date of termination depends upon the legal subtleties of the law of repudiation and acceptance of repudiation, the ordinary employee will be unable to understand the position. The Dedman rule fixed the effective date of termination at what most employees would understand to be the date of termination, i.e. the date on which he ceases to attend his place of employment."

 

(don't worry about the Dedman rule because it's confirmed at the start of 37 that it's authority for the EDT being the date f a summary dismissal).

 

I'd print out paras. 54-62 in Horwood too, because it mostly refers to cases where the EDT was altered by agreement between the parties. You then get to make the rather obvious point that at no time did you and the Respondent agree to bring forward the EDT. After all they didn't know you had another job until you informed them at a chance met encounter a week after you started.

 

http://www.bailii.org/uk/cases/UKEAT/2012/0462_11_0304.html

[mariefab]

Good luck tomorrow, I'll have my fingers crossed for you!

[RCW]

Thanks Mariefab - pretty nervous - will post an update as soon as it's over.

 

Hopefully the hurricane won't intervene!

[becky2585]

Good luck!

[RCW]

Urgh... just got out - we were in for nearly 8 hours.

 

The judge has reserved judgement, intimating that owing to the complexity of the case it will be some weeks before we can expect a decision...

 

And this is only the PH!

[becky2585]

Urgh... just got out - we were in for nearly 8 hours.

 

The judge has reserved judgement, intimating that owing to the complexity of the case it will be some weeks before we can expect a decision...

 

And this is only the PH!

 

It should be there within six weeks.

 

Note the word "should" - I'm currently in week 7 of waiting for a judgment.