Employment Claim

[ULA]

Ok so the indiviudal has at least associated themselves with being the company contact on the ET3

Further help on 4.1 what you need to try and also do when you list each part of your claim is detail the relevant employment legislation that you believe it contravenes and then one of the questions would be to ask the Judge to decide whether that specific action does indeed contravene that legislation.

I appreciate it's a tough learning curve and any law, not just employment, can be confusing. We are here when you need us, we may not have all the answers but we can try and support you through this as best we can.

[libby23]

Hi Ula,

Thank you for that info. I will get busy putting the Agenda together.

Everyone has been so helpful, its a fantastic forum!

I will keep you posted of developments.

Kind regards,
Libby

[libby23]

Hello Ula,

I am in a bit of a state and need some advice please. As explained on previous posts I am going through an Employment Tribunal against my previous employers. In the last week I have opened my new business. I have just found out that these previous employers have sent a letter to all their clients and staff telling them that I was dismissed and that I have stolen information from their database and other accusations. I don’t know what to do. It’s horrendous. Can I tell the judge dealing with my case?

thank you
kind regards,
Libby

[ULA]

I appreciate that this is distressing for you but it needs to be placed in the context of your claim.

The fact that your ex-employer is communicating this to clients and staff from what you have posted up so far, does not appear to be material to the facts of the claim that you are making at the ET. You will need to be able to relate it directly to your claim or show that it provides additional proof of points you want to make to support your claim, in order for it to be relevant to the Judge.

[libby23]

Hi Ula,

I understand what you have said, thank you. I need to try and be less emotive but it is difficult. Because the line of work I am in is regulated, the authorities are now looking at the letter.

I have sent back my completed Case Management Agenda which is very detailed. The Respondents have sent back just one completed copy and written on the form 'this is for both respondents'. They have only filled out a couple of boxes asking the judge questions. For instance in box 4.1 they have said 'Is there any evidence to support the claim of age discrimination'. They have left the rest of the document blank. Can they send back just one document each time for both Respondents? Plus because the second Respondent did not submit an ET3 Response, is this not a contrary to the judges instructions of only participating to the extent permitted by the Employment Judge?

Also, I have spent so much time on my own Agenda that I am really surprised that their version is practically blank. Is this acceptable?

Thank you,
Libby

[ULA]

Well done to you for giving your CMA the preparation it deserves, if the respondent feels that there are only a limited number of matters to be discussed that is down to their perspective on the claim and if they did not think a particular question was relevant they are not mandated to complete it. Part of the process is to see whether there are any areas that both parties can agree on and therefore what areas that may need to be decided on by the Tribunal

If each respondent has the same responses to the questions, then I guess that is the reason for the one form completion. If each respondent had a variation in response to the questions then separate forms would need to be submitted. Although in respect of the second respondent a separate form would be down to the judge to decide if this was permiited.

[libby23]

Hi Ula,

Thanks, it took me forever!! But at least I have learnt a thing or two about Agenda's.

Okay re the respondent.

The Respondent has just sent me the bundle through today and their Agenda has been changed quite significantly. I have asked them to submit the original but they are saying that they can change it. Is this true?

Fingers crossed for me for the hearing next week. I am already panicking.

Best wishes
Libby

[ULA]

The CMA from each party should be sent to the other party and the Tribunal no later than 2 days before the PH, so if they have made some amendments from the first one you were provided but it is still within the timescales of the 2 days then I think that is fine. They may have made some amendments having seen your detailed CMA.

Wishing you all the best for next week, just remember to read through all the documents, know the contents and sequence of the documents so if you need to refer to them you can get to the relevant part quickly and be well prepared with your facts and what the issues are.

Remember the purpose of this hearing will enable the tribunal to understand the basis of the claim and defence, identify the issues and set appropriate case management directions to help both you and the respondent prepare for the final hearing. This will include:

• The date and time of the final hearing
• The estimated length of the final hearing
• The witnesses to be called and documents to be disclosed
• A timetable for exchange of statements and documentation.

Please come back and let us know how you get on.

[libby23]

Hi Ula,

Thank you for all your advice. Re the Agenda, yes probably that's what they have done.

I will do as you have advised and make sure all is in order.

I will let you know how it goes.

Thank you again
Libby

[libby23]

Hi Ula,

The preliminary hearing was yesterday so I thought I would feedback how it went.

To be honest it was nerve wracking. The judge allowed the Respondent to submit their late defence but I expected that. When the judge came to my claims they really put me to test for why I had brought the claims and even asked the Respondent if they thought I had brought the claim in malice. That upset me really as the Respondent said yes then spoke about me not very nicely. I don't understand why the judge allowed that to happen.
On a positive note, the named respondent tried to get themselves removed, I argued this and the judge decided there were clear reasons to include them so decided that they remain.
The hearing was adjourned for 15 minutes but then there was a technical issue at the Tribunal end and so the hearing couldn't continue. It is set for 3 weeks time.
Just prior to the break the judge said they would be looking at the Protected Disclosure when the hearing reconvened. I guess I now have time to make sure that is spot on before the hearing.

Anyway, if I can give anyone else advice from what I have been through it would be to really prepare for these hearing. It was tough to go through.

Libby

[ULA]

Hi libby23 thank you for coming back to update us on the PHR yesterday. Going through an ET process and attending hearings can be a tough experience.

Now that you are aware how important preparation is, I am sure you will be making good use of the next 3 weeks to prepare for dealing with Protected Disclosure.

[libby23]

Hi Ula,

Yes I definitely will. I will post an update once the hearing has concluded.

Libby

[ULA]

Best of luck and if in the meantime you have any questions you know where we are.

[libby23]

Hi Ula,

Another issue has arose. The Respondent has started harassing me at my place of work now. ( this was an issue that is contained in the ET form as it used to happen at work)
Respondent is Standing outside my work place and staring at me for long lengths of time. I have photographs of this. Also, I have been told that I am ‘being watched’. I have made a police report and I am waiting on their assistance.
The second part of the preliminary hearing is supposed to go ahead next week but to be honest I am now feeling scared for my safety and that of my daughter. We sometimes work alone in our place of work and worried that something may happen. Is there any form or procedure I can go through to let the judge know in the hearing that this conduct by the Respondent is going on?
I am thinking to even cancel the case because I am scared that the Respondent may do something to me or my daughter. I have also been told that potential witnesses have been told they are on a ‘list’, whatever that means.

apologies if this message is somewhat downbeat. I don’t know what to do next really.

kind regards
Libby

[ULA]

You have done the right thing by reporting it to the police.

I would also suggest that you let your new employer know about the situation as well.