Employment tribunal help please

[ULA]

I presume when completing the ET1 at 9.1 your partner ticked the box for reinstatement and compensation? In which case what you need to do is draft a covering letter that confirms that in accordance with the completion of the ET1 at 9.1 your partner wishes to be reinstated with compensation. In regard to the compensation you will need to refer to the Schedule of Loss document that you have prepared and which n

eeds to attached.

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If this is to be sent to the Tribunal then you also need to send a copy to the other side and include in your letter to the Tribunal the following phrase "In accordance with rule 92 of the Employment Tribunals Rules of Procedure 2013, I have sent a copy of this correspondence to the other party".

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[Bumble9665]

Thank you so much ula you are amazing i will do this today!!*

[Bumble9665]

Hello ULA,

I am sorry me again, so my partner has emailed over the remedy letter and the schedule of loss, the due date was tomorrow (I know it was late but we only had the copy of ET3 last week as the tribunal had marked it unaccepted, so does this mean it won't be accepted as they are running over their 10 day lead time so will it look like he hasn't sent it or I am worrying about everything. He has copied the respondent into the email too so they have a copy something they didn't do for the ET3 but it is required and TBH I think it looks better if we are compliant and they aren't! But who knows!!

Thank you again for all your help so far!!

[ULA]

If the deadline was today 5 March for your partner providing the remedy and schedule of loss and it was sent yesterday 4 March then everything should be fine. However to reassure yourself, then just call the Tribunal.*

[Bumble9665]

Hello ULA,

Thank you, I confirmed on my partners behalf that it was within the time limit, he has also sent the list of documents to the solicitor and employment tribunal for our area on time as usual.
His former companies solicitors were late but completely understandable during this time, I have read the email several time and I am not sure whether I am reading into it too much or if it looks like a good or bad thing, or just a general response but the email acknowledges the documents my partner sent, then goes on to say the solicitor will look over the bundle, compare them and write with his thoughts on the bundle...is this normal to say to the claimant that the respondents solicitor will get back in touch regarding his thoughts, could this be that they would consider a settlement (my partners anxiety would be massively helped if this were to happen) but he knows we have a really good case so would want to have his name cleared and an apology also.

TIA

[ULA]

It seems like you are ensuring everything is keeping to the CMO timescales - well done.

It is likely that this will be a standard response, for which there may be the following outcomes:

1. They are responsible for producing the trial bundle so if your husband, in his list of documents he is going to rely on, made reference to a document they do not have a copy of, then they will need to request it from you.

2. The list of documents from your husband may have identified some weaknesses in their case and it might be that they would like to explore an opportunity for a settlement.

3. They may come back and try to convince you that there is no merit in the case and your husband should withdraw the claim. At which point they may also raise the issue of costs if he does proceed. Another normal tactic when the respondent is represented and the claimant is not.

4. You hear nothing at all.

5. None of the above responses but something entirely different and one I have not thought of.

I know this is really stressful for your husband and no doubt you as well, so I would suggest that you just remain very open minded about what they may come back with and try not to worry too much about this in the meantime.

You know were we are if/when you do hear back.

[Bumble9665]

Hello ULA

Many apologies i forgot to come back, i am trying to put it all to the back of my mind especially when nothing is due timescale wise, we have tried to stay on top of the timescales because i think it shows character and obviously it is what is needed to complete the procedure.

thank you for your advice when they come back i will let you know how they are making it seem they would like to proceed...we have one piece of evidence that cannot be disregarded that i think makes the case stronger and i believe they do not have a copy without going to the now redundant member of staff who made the ludicrous accusations towards my husband...so i think that will be requested because i can't see them getting a copy of it but who knows maybe i am wrong and their solicitor will have it.

I am just hoping it is resolved sooner rather than later.

Thank you again,you are an absolute star!!

[Bumble9665]

Good morning
we have had a funny few days ans not sure if it is a good thing ir bad thing....

On Thursday my husband had a request for the copies of evidence i.e statements, copies of messages from the employee that made the accusation etc so our plan is to send it all over today or tomorrow.

then on Saturday we had another email from the solicitor (before we sent any information that shows our side and evidence of the case) they send an email saying the case looks weak and that we will lose and they will be asking the judge to claim back £10000 from us as the case is blatantly going to lose (i am aware this often happens and is common to try and get the other party to stop the case) it went into detail as to why the case is not strong and most of the details were either incorrect or out of context i.e i.e it says my parter should have progressed to ensure he found a job immediately (he did find a temp job straight away but for a lot less money and not in the same field etx and that there are many jobs in Area 1 (this area named is the area where the head office is and about 100 miles from the actual work place) it says my partner admited to doing what it was and therefore an admission of guilt and that it justifys the case but the argument was that the punishment was too severe as others had done many things the same and not got any punishment, bias within the workplace due to personal relationships and that they were trying to cut costs without paying redundancy (all other jobs at this site have now gone funnily enough...well before Covid too so that isnt an excuse) so in my opinion they are taking the items out of context to enable an argument for us to stop but then another part of me says maybe not...anyway husband replied saying thank you for your email i acknowledge i have received it and upon getting legal advice he will respond....

so then on Mondsy he has an email from acas (the person who did his early consilisation back at the start of January saying that they understand the solicitor had sent this and for my husband to call and discuss (how do they know?would at this stage the solicitor have sent it back to acas? Is it a common thing or a really bad sign?my head is saying they are taking things out of context or making up lies before they have even seen the evidence as it is there procedure but my heart says what if they win based on their lies and we have to pay that kind of money when we are the ones who have been truthful and honest and they are twisting it?)

Husband will call Acas back tonight to discuss i was just wondering of you had any thoughts on this?

I have told oh maybe we should contact a local charity that helps with legal issues but they are closed for anything other than emergencies atm.

Oh the letter from the solicitor also categorically stated that there will be no financial offer made and they stand by the position.

[ULA]

The ACAS conciliator is appointed to the case all the way through the process even if early conciliation has been completed. It will be very interesting to find out why the respondent’s solicitor has contacted ACAS if they have made it clear they are not considering a settlement.

In terms of costs, employment tribunals differ from the civil courts in that the party that wins the case will not automatically have its costs paid or by the losing party. There are, however, limited circumstances in which costs can be ordered. For example, the tribunal can order a wide range of costs, including legal costs, to be paid if a party has acted ‘vexatiously, abusively, disruptively, or otherwise unreasonably’ in either the bringing of all, or part, of the claim, or the way in which all or part of the proceedings have been conducted. Other grounds to order costs would include if the claim (or for that matter the response) had no reasonable prospect of success and if a party has been in breach of any tribunal order. In considering whether or not to make an order for costs, or the amount of any such order, the tribunal has the discretion to take into account the paying party’s ability to pay.

It could be that if the respondent’s solicitor believes there is no chance of your husband’s claim being successful, they may have looked to communicate that with ACAS in order for them to explain the potential situation of that scenario with your husband so that he is fully aware. This is likely to be relevant since he is a litigant in person and without legal representation.

It would certainly be interesting for you to post up how the call goes with ACAS.*

[Bumble9665]

Hello

I am back again with anothet random question if anyone can help we have received a copy of the ETA3 form from husbands previous employer and a response for the judge and we have to send something is it a new document refuting the claims or just return our previous evidence we have had...i say we need to write a document mentioning the lies on the response and send it back but oh is saying to send the evidence...this is now becoming a bit of a row between us because i am sick to the back teeth to this and i would rather move on and just take it as a life's lesson he however wont leave it and is driving me mad because he doesn't listen to what i am saying
anyway just wondering if there is a template if we need a new document to send to ghe judge because altho i have had enough i dont want the judge to not take him seriously because of formatting etc!

Tia

[ULA]

Can I just clarify is your husband being asked to prepare a witness statement?

[Bumble9665]

Hello ULA

I think i misread the form they have sent a copy of the original et3 response and their reasonings for him being dismissed and he has to respond we wasnt sure what we have had to send as a reply i thought maybe a witness statement but we originally agreed the witness statements will be exchanged w/c 28th sept so he has wrote a rebuttal to their claims with his original dismissal letter as their explanation and their copy of his original dismissal letter has significantly changed to what he has received...strange eh? Thankfully he has it on email and a hard copy. Witness statements will be wrote this week by himself and whoever is going to witness....we have a list of 6 people so far that would be willing including his manager who did the original disaplinary hearing with his then supervisor. Another thing hopefully in our favor is that they now have no staff at the site they have all including the manager been made redundant so hoping that with the newly edited dismissal letter helps prove my ohs integrity (he may drive me mad and be many things hes not a liar) and gives him a fair chance.

[Bumble9665]

This morning the solicitor for the employer had emailed to say they havent got their witness statements done and are not ready to send them....now as all the people who are witnesses have either been sacked or redundant (literally there is 1 person who was apart of it but he was a higher manager and only in the 1 meeting so i am thinking if they are struggling to get witnesses (even if they get the court to send them an order to get them to come after they are no longer working for the business would people really help their case...some that have left are willing to come and tell the truth but even the person who put this false claim on has been made redundant so would he come back?)) Anyway i am now hoping this may put us in a better position...any ideas??

[ULA]

Who is saying that your husband has to respond to the ET3 and the company's reasonings for the dismissal? in my view and in my past experience it is the witness statement (WS) that sets out your husbands claim and also deals, by direct reference to the ET3 and any other evidence thus far provided, with the rebuttal of any points raised in these documents.

The WS should say what happened, in the chronological order that it happened and deal with any rebuttal as you go through, again in chronologial order.

What is the date of exchange of WS as determined by the Judge/Case Management Order (CMO)?

Even if the other side do not have their WS's ready you need to ensure your husband and any of his witnesses have theirs completed, they are not something that can be rushed. In particular your husband's WS is a key document as it should be considered as his chief evidence in supporting the claim being made.

There is also a set format for presenting a WS which needs to be adhered to.

In regard to the email from the respondent's solicitor, I would email them and copy in the tribunal to find out if they are going to make representation to the Tribunal for an extension of time to exchange witness statements but your husband must make a point of confirming that he will be in a position to exchange on the given date.

[Bumble9665]

Hello ULA

Thank you for your answers we formatted the witness statements in the correct way thanks to the gov website. They were meant to send theirs on 21st September they then said last Friday at 4pm oh chased them at 5pm and they said today we have now received their witness statements....its good reading
I am not sure if this is normal they have 2 statements both from people who did the dismissal interview thing but not one from the person who put the complaint in which i find strange or any of the people who lied and then was proven to be telling lies...is this normal procedure to not have anything from the original complaint or complainant except for questions and 1 word answers about what happened but it isn't a statement in any way? Is this a good sign for oh or a bad sign and just how these things go normally?
TIA