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Just looking for advice please

 

 

1991, I lost an ET claim, at that time, I didn't have a specialist employment solicitor.

 

 

27 years on, times have changed and due to circumstances beyond my control, it's unfortunate I have an ET claim pending.

 

 

My question is, can the ET claim from 1991, be referred to during the current tribunal hearing?

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Hello and welcome to CAG.

 

 

1991 seems an awfully long time ago to be referring to something, but other people know more about ETs than I do. Is it the same employer?

 

 

I think we need more detail before we can advise.

 

 

Best, HB


Illegitimi non carborundum

 

 

 

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why do you think it may be referred to?

 

 

by you or them?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for the replies

 

Different employer

 

Concerned it maybe referred to by them as some kind of defence, i.e. not the 1st time I've issued an ET claim

 

1991 was very poor legal representation

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Two Tribunal cases in 27 years shouldn't qualify you as a vexatious litigant

 

Was Cost awarded against you in the first case? That would have some influence (I would say little)

 

The usual position of the Tribunal is that each case must stand or fall on its own merit (see para 28 of Qdos Consulting Ltd & Ors v Swanson UKEAT/0495/11/RN)

 

What you need to concentrate on is the strength of this new claim I would forget about a case more than 20years ago

Edited by honeybee13
Paras

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Thanks for the replies

 

Different employer

 

Concerned it maybe referred to by them as some kind of defence, i.e. not the 1st time I've issued an ET claim

 

1991 was very poor legal representation

 

 

That feels a little paranoid, and I am not sure how they would even know.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Costs were not awarded against me in the 1st claim.

 

 

I guess I am a little paranoid, that said, based on the advice from my legal team (employment law qualified) I have a very strong claim, based on my evidence ACAS ECS was declined by me, therefore, it's my opinion with supporting evidence, given the way I've been treated by my employer resulting and following an ET claim, the respondents are doing whatever they can in an attempt to destroy my character.

 

 

Thanks to you all for your input

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A previous claim does not matter, 2 in 30 years is hardly a vexatious litigant and a respondent raising that would be seen as quite desperate.

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