Help completing ET1

[vivienne1]

Hi I was wondering if anyone could give me some advice re completing an ET1 form for the Employment tribunal. I was dismissed on ill health grounds and my ex employer has refused ACAS early conciliation. This surprised me, well actually not given how they have treated me, but I thought they would at least want to see what my complaint was and then withdrew. I'm a bit stumped by the ET1 form and hope someone can help or point me in the right direction for guidance. Usually my husband would deal with anything like this but he passed away. Anyway the first issues are

1.How much information do I put in? Is it a summary of what happened and expanded on later or do I just go through everything as it happened?

2. Do I put a figure in for what compensation I am looking for or is it enough to say compensation for XXXXX? If it's a figure, how do I work that out. The strange thing is til I saw that form I didn't know I could ask for financial award. I had went to ACAS in the hope we could agree a reference as it's going to be very hard to get a job once I'm well enough to return to work as it is with the numbers of people losing their jobs without a bad reference too.

3. Is it worth going to the tribunal if I'm not well enough to return to work just now, my treatment is on hold because of the pandemic. I tried legal advice through my home insurance but they said that while I probably have a case for disability discrimination, unfair dismissal and wrongful dismissal as procedures weren't followed, it's pointless going to the tribunal as I am not fit to return to work and would likely have been dismissed anyway so none of that matters.

4. Do I mention my ex employer's refusal to engage in the early conciliation service or is that confidential? I get ESA and PIP so am terrified of wasting the tribunal's time and being landed with a huge bill. Could I argue that my ex employer's refusal to engage in the free conciliation left me no option..

Many thanks in advance. I appreciate that replies can only be in general terms.

[ULA]

Sorry just a couple of questions to start with:

1. How long ago were you dismissed by your employer? To make a claim to the ET the date since your dismissal needs to have been not more than 3 months less a day.
2. Do you have an early concilition certificate from ACAS? If so then you can proceed with completing the ET1, if you do not then you need to speak to ACAS as you will need your certifcate number to complete the ET1.

In answer to our questions:

1. You need to put as much detail as possible in your ET1 form as this will form the basis of your claim and needs to be as thorough as possible.
2. Yes you do need to provide details of what financial compensation you are looking for. I have attached a template Schedule of Loss which may provide some guidance.
3. Have you spoken to ACAS about this point as part of your early conciliation process?
4. The fact that you are pursuing the matter having been providesdwith an early conciliation certifciate will indicate that there has been a failure to settle the matter. In regard to ESA and PIP I know that some welfare benefits will be taken into account by the Tribunal when considering the claim for compensation. PIP I do not think is taken into account but not so sure about ESA.

Claimant Schedule of Loss.doc

Hope that information helps.

[vivienne1]

Sorry just a couple of questions to start with:

1. How long ago were you dismissed by your employer? To make a claim to the ET the date since your dismissal needs to have been not more than 3 months less a day.
2. Do you have an early concilition certificate from ACAS? If so then you can proceed with completing the ET1, if you do not then you need to speak to ACAS as you will need your certifcate number to complete the ET1.

In answer to our questions:

1. You need to put as much detail as possible in your ET1 form as this will form the basis of your claim and needs to be as thorough as possible.
2. Yes you do need to provide details of what financial compensation you are looking for. I have attached a template Schedule of Loss which may provide some guidance.
3. Have you spoken to ACAS about this point as part of your early conciliation process?
4. The fact that you are pursuing the matter having been providesdwith an early conciliation certifciate will indicate that there has been a failure to settle the matter. In regard to ESA and PIP I know that some welfare benefits will be taken into account by the Tribunal when considering the claim for compensation. PIP I do not think is taken into account but not so sure about ESA.

[ATTACH]n1551742[/ATTACH]

Hope that information helps.

Hi Many thanks or the link, that is very helpful.

I was dismissed two weeks ago. I received my early conciliation certificate from ACAS yesterday. I did ask at ACAS re the not returning to work yet and they said they couldn't comment on individual situations but there were incidences where the dismissal was found to be unfair but compensation was reduced to zero because dismissal would have been inevitable but that on other occasions it was a percentage reduction. Part of my claim is disability discrimination, they refused to consider or make any adjustments, refused reduced hours and did not conduct any of the process in writing or advise me of my right to seek advice or representation which given my health issues in hindsight would have made things much easier. I was dismissed over the phone, no hearing or meeting before or after and no option of appealing the decision.

[ULA]

Thanks for the information on the time-line of your dismissal.

As ACAS have pointed out your claim may be found in your favour and that your employer discriminated against you because of your disability and did not follow due process. However the Tribunal may consider that even with due process the outcome would have still resulted on your dismissal and this may have a bearing on any award.

[vivienne1]

Ula Hi Many thanks for replying. As initially I had not been seeking an award more an agreed reference and if they had offered an appeal to be considered for medical retirement rather than dismissal do you think I could still submit the ET1 in the hope of them negotiating and perhaps securing agreed the reference. If the tribunal reduced the award that wouldn't bother me. or would that be considered a waste of the tribunal's time? As I previously mentioned I am terrified of having to pay their legal costs.

[ULA]

What were the grounds of your intital early conciliation submission. Did ACAS have any response from the company when they tried to engaged in early conciliation with them? If so what was their stance?

Can you briefly detail the events that led up to your dismissal.
Had you been off sick for a while, if so how long?
Did the company recognise that you were disabled under the meaning given in the Equality Act 2010?
Had they ever invested in getting a medical report from your GP/specialist or send you to Occupational Health?

[vivienne1]

Ula


The grounds of the early conciliation were disability discrimination and unfair dismissal. The company responded to ACAS saying they did not wish to take part in the offer of early conciliation. So ACAS could do no more.

I was signed off after a very traumatic event resulting in being diagnosed with PTSD and various other mental health issues. I was off sick for just over a year, referred to OH at just over 7 months. They never asked for a GP report or one from my psych. They did recognise I had a disability under the Act and OH confirmed it, they would also know I would for other reasons which I'm happy to PM you but dont want to put it in public as it may identify me to them. There were various instances where I was discriminated against, didn't inform me of roles that came up more suited to my disability and instead filled them with friends. Refused to consider reduced hours but allowed my colleagues doing the same job but not off sick to change theirs, didn't engage with OH, ignored their recommendations that there was further negotiations on adjustment to enable my return to work and claimed to have received none of the five OH reports sent and had no contact with me from the OH process starting til the final report (5 months) which by some miracle they did receive and sacked me the next day over the phone. They then sent a letter confirming the dismissal and pay in lieu of notice but no appeal procedure mentioned.

[ULA]

Thank you for sharing that information which has been very helpful.

So it sounds like OH in its report/s had recommended to your employer adjustments that would, if put in place, would have allowed you to return to work?

In terms of costs which I know you are worried about the general rule in the Employment Tribunal is that each party - the individual Claimant and the Respondent employer pay their own costs. Occasionally, though, an Employment Tribunal will order that you have to pay the respondents’s costs if you lose the claim. Similarly, if your claim succeeds, the Tribunal may order the respondent to pay some of your costs. It is more likely that you will have to pay costs if you fail to comply with the Tribunal processes properly or behave in an unreasonable or uncooperative way. The likelihood of you being ordered to pay costs is very low if your claim is a reasonable one and your behaviour has been reasonable at all times, even if you lose, but the respondent will usually ask for costs. It cannot be entirely ruled out that an Employment Tribunal will not order some costs to be paid by the claimant.

In terms of your claim once you have sent in your ET1 form and your employer has had a chance to respond by way of completing an ET3 the Employment Judge will consider all of the documents held by the Tribunal in relation to the claim, to confirm whether there are arguable complaints and defences within the jurisdiction of the Tribunal. If at this point the Judge feels there is no reasonable reasonable prospect of success the parties will be notified. Section 27 of The Employment Tribunals Rules of Procedure 2013 is a useful reference point. See link below:

https://assets.publishing.service.go...dure-rules.pdf

[pixiepup]

deleted

[ULA]

pixiepup please can you cut and paste your post and create your own thread. It is more helpful to you and those of us that provide advice, plus avoids confusion for the original poster. Tag me in on your thread and then I will be notified and can see what I can do to help. Many thanks

[pixiepup]

No problem thank you. Wasn't sure the forum ettiquette and didn't want to clog up the forum unnecessarily.

[vivienne1]

Ula

Yes, that's sort of what happened. I have a couple of triggers that give me flashbacks and asked for a non public facing role and to reduce my hours as I can no longer drive. Which they said no to. OH recommended the same thing and suggested that there was more discussion about this which they ignored. The OH assessor then offered a three way discussion to facilitate it which they ignored. He then said at the final interview that he didn't see the point of the OH referral as it wasn't the supportive process it was supposed to be and left him with few avenues to explore so he could only refer it back to them for whatever process they had in place. And they sacked me. The OH assessor was furious at the whole thing. And in hindsight so am I for the reason I have PM'd you.