ET Hearing and last min pressure from Solicitor

[Zafira2011]

Long story short I was signed off work with stress related problems. Within a few hours of sending this into work i recieved a phone call message from LM explaining our HRBP would be calling me that same day to discuss my return to work. Not once asking how I am. 

 

When I spoke to HRBP I explained my issues regarding my LM  but all she was bothered about was getting me into work not the fact I had been bullied and victimised.

 

Raised a grievance against them a month after being signed unfit for work with no phased return option which was ignored by the appropriate manager but passed back to the same office. Lots of harrassment and still nothing from the revelant manager, I resigned and started my claim for ET.

 

They have been late supplying the information and documents stated in the court order timeline and even 6months late supplying the dsar request made. Their solicitor is of no use and ignores my emails but makes threats.

 

The bundle they produced has a lot of emails missing which i have requested to be added and all their statements have contradictions.

 

Am I able to address the court at the beginning to make them aware of the employers non compliance and do I have a good case?

[Zafira2011]

Afternoon all

 

I have prepared a non-compliance bundle from the respondents lack of cooperation for my ET next month.

 

Am I able to get this to the judge for viewing before my case if heard or make it known to him at the beginning????

 

Thank you in advance

[Emmzzi]

It's more important to add to the bundle the evidence you want considered.

 

Don't confuse evidence of bad behaviour in the run up to the hearing, with the meat of your case. It's irritating but it won't win it for you. Stick to the knitting.

[ericsbrother]

In short yes but it may well be irrelevant because their behaviour wont be taken into account uintil after the determination and even then it will gain you little in the way of compensation.

what you could do as long as the missing stuff isnt legally privileged is to sue them for non compliance of the GDPR ( statutory obligations) as a separate issue and then use this in both your ET clim when assessing quantum of damages and also to make a complaint to the ICO as they will have to take a firmer line with the employer than they generally like to so ex employer will gte it from  several directions at once.

like all things there is a risk with this strategy and that is timings of events, if the court claim for breach of GDPR happens after the ET then it will be almost pointless

as for solicitor making threats, that is what they are paid for so ignore them in that respect

Edited June 3, 2019 by ericsbrother

[Zafira2011]

I have my ET date booked and respondant solicitor has sent me an email threatening my case will be dismissed and I will be liable for their barrister costs.

 

I live in a council house and not worked since leaving my old role (company I have raised ET with), am I able to have a family member talk in court on my behalf at this late stage?

[ericsbrother]

that is normal for their barristers to threaten. If your case is not vaxatious or completely without foundation they will get nowhere so dont worry thaT  they are doing what they are (over)paid to do

 

As for having someone act as your representative, that is allowable but let the tribunal know who it is pronto.

 

Read up on what lay reps can and cant do, they are not the same as Mackenzie Friends

 

[clarkenuttal]

On 06/06/2019 at 16:31, Zafira2011 said:

I have my ET date booked and respondant solicitor has sent me an email threatening my case will be dismissed and I will be liable for their barrister costs.

 

I live in a council house and not worked since leaving my old role (company I have raised ET with), am I able to have a family member talk in court on my behalf at this late stage?

It is very normal for solicitors to try and threaten you through out the process of your claim. They want to threaten you because the tribunal process is very costly and they want you to either back off from your claim or accept some really low Settlement Amount. The tribunal will not usually make cost orders and it is very rare for a tribunal to make cost orders (pay other side fees etc) unless your case was very weak/non existent.

You may take a friend or colleague with you to Tribunal who can speak on your behalf.

[Zafira2011]

Hi all

 

My ET is a week Wednesday and I am currently drafting my questions to ask. Please could someone help to the best format these need to be in. 

The court timeline order states the judge will review before the hearing, do I write only the questions or the information leading to the question?? 

ex employers statements are extremely contradicted throughout and what they had said in the grievance investigation is different to their witness statement.

 

Also my dad who is very confident in things like this, has provided a witness statement as he witnessed my health deteriorate first hand,  but would he be able to represent me??

my nerves and anxiety are stated to play up as it is getting close. 

 

Many thanks in advance

 

[ericsbrother]

your dad can represent yu but that normally rules him out as a witness.

As for suggesting what to write- we dont have a clue as to what has gone on so not in a position to advise othe than the most general of  things.

 Send everything you have and intend to use as you wont be abvle to add anything not covered by your statements later. If in dount leave it in.

[Zafira2011]

Evening all

 

my tribunal was postponed for a couple of months at the last minute. it is now due to be  heard in a couple of weeks.

 

Final bundle deadline was 3 months ago and I have complied all along. the respondent's solicitor emailed me with a non-negotiable offer which I rejected as it was an insult. The solicitor responded with a new bundle page and additional papers to be included without my agreement. Is this allowed, considering the bundle had to be finalised months ago and now he wants it double the amount of pages it should be.

 

Do I have any right in not allowing it?

 

I have been told that I have a very good case and should prepare a schedule of loss. please could I have some pointers.

 

I was signed off with stress, line manager admitted in statements that she ceased contact on my first day off work contrary to what is written in their stress policy. 6 weeks later I raised a grievance due to the continued stress and harassment from the HRBP (I worked in same dept.) from the start the grievance policy as well as the stress policy were breached by the company. I have proved all this throughout my questions and preparation and with all their contradictions in their grievance meetings and witness statements (many contradictions in the same paragraph). the grievance took 8.5weeks from me raising to a final outcome and I left the company for constructive dismissal. 

 

I was still under  the doctor for stress until a few months after leaving and also prescribed anti depressants due to it all. 

 

I would appropriate any advice

[Emmzzi]

You yourself don't allow or disallow. If the evidence is relevant it should be seen, but the court will decide.

 

Contradictions will work in your favour, no?

 

Should this be merged with your previous thread for continuity?

 

here's a link to schedule of loss info

 

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/#targetText=A schedule of loss is,your loss of employment rights.

[honeybee13]

Thank you for the heads up, Emmzzi. Threads merged.

 

HB

[Manxman in exile]

On ‎27‎/‎08‎/‎2019 at 22:59, Zafira2011 said:

...

I have been told that I have a very good case and should prepare a schedule of loss. please could I have some pointers.

 

...

 

Not wishing to appear unhelpful, but if someone else has told you that you "have a very good case and should prepare a schedule of loss", what have they suggested you put in it?  Nobody here knows anything about your case except the bare details in your OP.

[king12345]

On 06/06/2019 at 16:31, Zafira2011 said:

respondant solicitor has sent me an email threatening my case will be dismissed and I will be liable for their barrister costs.

I always reply to such threats as follow:

 

Dear Sir or Madam,

As you are convinced that my case will be dismissed and I will be liable for your costs, I am confused as to why you are asking me to withdraw the case.

Wouldn't this be financially damaging to yourself and your firm?