pre-hearing review friday need some advice

[kbarrett2707]

hi, im new to this site but am in need of a bit of advice.

i have an employment tribunal pre-hearing review on friday and am unsure what i need to take with me if anything ?
i am also a little frightened as i have no representation and have to go alone so need a bit of advice on what it will be like.

the reason i am taking my employer to tribunal is i was made redundant well on maternity leave 5 days after giving birth all other staff were told earlier than me and they used 12 months sickness record in the selection process 9 of which i was pregnant and had a pregnancy related condition called SPD. i feel i was told later as i was pregnant at the time and they were concerned about what the stress could do, i ended up with depression as a result of all the changes in my life straight after the birth of my child and am only now getting better 10 months on. This is why i am very frightened about friday and what is it going to be like.

any help would be greatly received

[charitynjw]

Re: pre-hearing review friday need some advice

Hi kbarret2707, & welcome.

Click this link http://www.legalbeagles.info/forums/...ad.php?t=33567 for some info on Tribunals.

The etclaims site mentioned there has masses of info on the subject.

[charitynjw]

Re: pre-hearing review friday need some advice

Also, some information regarding being made redundant while pregnant/ on maternity leave.
http://www.maternityaction.org.uk/si...redundancy.pdf

May I ask the purpose of the Pre-hearing Review?

[kbarrett2707]

Re: pre-hearing review friday need some advice

there are a few issues to discuss one being that the claim was late. which i know it is very likely that the claim will get struck out but i felt i had to do it as i am the third member of staff since i have been working there to be made redundant while on mat leave and the reason the claim was late was i had depression so bad i hardly knew what day of the week it was. so just hoping i still have a chance

thanks for all the links very helpful

[charitynjw]

Re: pre-hearing review friday need some advice

http://www.thompsons.law.co.uk/ltext/l0480002.htm#03

Time is on my side


Schultz v Esso Petroleum Co Ltd (1999) IDS Brief 636 The Court of Appeal has reached a landmark ruling which could herald a different approach to unfair dismissal time limits by the judiciary. Courts have applied the rule strictly against late claims, but in Schultz the court took a different and more liberal approach.
Unfair dismissal claims should be lodged in the Employment Tribunal within three months of the date of termination of employment. The time period can only be extended if 'it is not reasonably practicable' to bring the claim in time.
In Schultz v Esso Petroleum, the Court of Appeal had to consider the impact of ill health on whether a claim could have been presented in time.
Mr Schultz was dismissed on 25 July 1996 and applied to the Tribunal on 17 April 1997. Not a very promising delay, and the Tribunal found that it would have been reasonably practicable to lodge the claim in time.
Mr Schultz was suffering from depression and had been too ill to work since August 1994. He was too ill to attend his disciplinary hearing on 15 July, but his solicitors submitted an appeal on 30 July and wrote again in September stating written repre-sentations would follow shortly.
In February 1997 Mr Schultz recovered and his solicitors (not Thompsons we stress) wrote again to Esso in March asking for an appeal and return to work. The employer would not reconsider the decision and so tribunal proceedings were lodged a month later in April.
The original tribunal decided that Mr Schultz was well enough to instruct his solicitors in the Summer of 1996, but his condition deteriorated in the Autumn, crucially in the last 6 weeks before the three month period from dismissal expired.
When he became well again in February 1997, he had delayed submitting his claim for another two months. The tribunal refused to extend time on the ground that it had been reasonably practicable for Mr Schultz to submit his claim in time.
The Court of Appeal took a different view. It decided that the correct approach to whether it was practicable, what could be done, meant what was 'reasonably capable of being done'.
The tribunal also failed to take into account the surrounding circumstances, especially the fact that Mr Schultz had tried to avoid litigation by resolving the dispute by way of the appeal procedure. The court took the view that it was reasonable to use the first weeks after the dismissal to raise the issue internally and he should not be penalised for not having put his claim in then, when he was well enough to do so.
But as always, it is far better to bring the claim to tribunal in time and put the case on hold - "stay" in the jargon - while the appeal procedures are exhausted, than risk losing the right to bring the case because it has been submitted out of time.

[kbarrett2707]

Re: pre-hearing review friday need some advice

thanks ever so much for that, been searching everywhere for something like this just to make me feel a little more positive .
i do feel that given how i felt and how it all effected me that my case should get heard, just got to wait and see what friday brings.
getting closer by the min and im a bit scared what it will be like in that room when im all alone

thanks again