Pre-hearing Review

[bakes100]

I have filed for constructive dismissal against my former employer (a pub/restaurant chain). My issues are that I was regularly underpaid, my complaints were ignored. I also insulted numerous by both the manager and assistant manager and feel my treatment would be classed as bullying. Lastly I felt forced to do things against my better judgement, turning a blind eye to racist jokes toward staff and customers, as well as ignoring poor practice regarding hygiene. I have received a letter informing me there will be a pre-hearing review. The letter states that 'the matters to be clarified, and if appropriate, decided at the PHR are: Whether the tribunal has jurisdiction to consider the claims'. Also attached to the letter is the response from my employer regarding my case. I suspect the reason for the pre-hearing review is that my employer claims my forms were not submitted on time. When I left, I stated in my letter of notice my last day of employment would be March 13th. I was injured on this date and forced to let them know I would be unable to work. This meant the last day I actually worked was March 10th. My forms were sent within 3 months of the 13th, but fall just short if my last day of employment is the 10th. It would be very helpful is someone could assist with the following - what would legally be classed as my last day of employment, the 10th, the last day I worked, or the 13th, the day I have notice until? I would also appreciate some advice regarding a pre hearing review, do I need to bring my witnesses to this? Is it necessary to send my evidence to the respondent and court prior to the hearing? (e.g. email of my notice). A huge thank you to anyone who can answer these questions.

[labman]

Re: Pre-hearing Review

Your last day would be March 13th as you could have returned to work up until that day to work your notice period.

I hope the following may be of help:

http://www.justice.gov.uk/tribunals/...ent/hearings#5

[charitynjw]

Re: Pre-hearing Review

Hi bakes100, & welcome to Legal Beagles.

When did you commence employment with your former employer?

[bakes100]

Re: Pre-hearing Review

I thought I had already replied so apologies if I am repeating myself. Thankyou Labman that may well be of use, however at the moment my concern is the pre-hearing review, is the information you recommended in reference to the hearing itself? I struggle to believe my witnesses can be expected to attend both PHR and hearing, particularly as I believe the PHR is to confirm when my employment ended, it is this I would like to be sure about. Thank you nobby, my employment started on the 14th March 2011 and ended 13th March 2013. Is the fact I just missed the two year anniversary an issue? I was unsure if it was necessary to work for 1 or 2 years to claim as I understand this rule changed at some point. Any advice is very much appreciated, I have no experience whatsoever in this area, thank you.

[charitynjw]

Re: Pre-hearing Review

If you were employed before April 2012, you require 1 year's service to be able to make an ET claim for unfair/constructive unfair dismissal.

After that, it is 2 years.

You can always contact the ET to find out details of the PHR.
Normally these are sent to you in advance.

For more info - http://www.out-law.com/en/articles/2...ys-government/

[Inca]

Re: Pre-hearing Review

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