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Employment Tribunal advice

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  • #16
    Was the Grounds of Resistance (DoR) provided before or after your improved Particulars of Claim?

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    • #17
      Originally posted by ULA View Post
      Was the Grounds of Resistance (DoR) provided before or after your improved Particulars of Claim?
      This was provided before I provided the improved Particulars of Claim. The only Grounds of Resistance the Respondent's lawyers provided was with their ET3 Response form to the Tribunal and it was very boiler plate basic of "the Respondent denies that..." or "The Respndent does not admit that the Claimant suffered..." for each claim.

      When the ET ordered that they make any request by a certain date, they requested better Particulars of Claim, which I submitted months back and since we have received preliminary and hearing dates and other dates. As I work full time and I am not represented, I was hoping they would provide their updated Grounds of Resistance so that I have the time to go through it and select all relevant documents, etc for the bundle.


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      • #18
        Prior to the preliminary hearing (PHR) both parties will be asked to complete a case management agenda which I have uploaded to this thread. Point 2.2 asks "Is there any application to amend the claim or response? If yes, write out what you want it to say."

        You can use this to request an update to the Grounds of Resistance (GoR) to respond adequately to the updated Particulars of Claim. You will need to prepare your reasons for requesting this in order that you can support this submission when this point is covered by the Judge at the PHR
        Attached Files
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #19
          Originally posted by ULA View Post
          Prior to the preliminary hearing (PHR) both parties will be asked to complete a case management agenda which I have uploaded to this thread. Point 2.2 asks "Is there any application to amend the claim or response? If yes, write out what you want it to say."

          You can use this to request an update to the Grounds of Resistance (GoR) to respond adequately to the updated Particulars of Claim. You will need to prepare your reasons for requesting this in order that you can support this submission when this point is covered by the Judge at the PHR
          Thank you very much for explaining this @ULA. I have printed out the preliminary hearing document you sent, this is very helpful thank you.

          Is it a good enough reason to say that I need to know the specifics of their defences in order to know what document to include in the bundle
          to ask for an updated GoR? Quite honestly I want to know their defense so that I can defend against it and have the facts and evidence against their defence ready in the bundle. All my evidence are in document format and emails and there are thousands of these.

          Also 2.2. say that I can apply to amend the claim. I submitted my claim to the ET in August 2021, I want to make the following ammendments:
          1. Add more claims to the claims I already submitted for that time period which came to light after I received my SAR request in March 2022, which was after submitting my claims to ET.
          2. Since I submitted my claim to ET my employer has continued the actions which are in my claims and caused further similar issues, e.g. discrimination, victimisation and more unlawful deductions to my pay and their latest trick is even worse as they are threating to terminate my employment over things that are not my fault but manufactured by them, like not attending meetings I was never notified of.
          I was in the process of putting all this together in the format of a Particulars of Claims and sending this to the ET with a cover letter explaning I am applying to amend the claims I have already submitted and to submit new claims relating to the claims I have already submited covering the time period from my application to ET to date.

          I am I right to think that I should be adding to my current ET case and not applying for a new one?

          Should I wait until the preliminary hearing to submit this application? Preliminary hearing is fixed for next year.

          Also I have contacted ACAS regarding the latest issue with deductions to wages and their actions to push me to give notice or giving them cause to terminate my employment. ACAS adviced me to put it in a new application to them, which I did and ACAS is trying to mediate but my employer are not responding. I expect I will get a new ACAS certificate number in a couple of weeks so that I can apply to the ET. But all the recent development relate to and is only a continuation of the claims I already submitted to the ET.


          Thank you so much for your help and your time.



          Comment


          • #20
            From your latest post you say your PHR is set for next year but when exactly?

            In terms of you wanting to have more detail, if you feel is has not already been provided in the ETS and GoR then 2.3 of the Case Management Agenda (CMA) is where you can put this request.

            In terms of amending your particulars of claim a tribunal can consider an application to amend a claim or a response at any stage of the proceedings and this can be made in writing or orally at a hearing. Depending on your answer to when the PHR is taking place may help resolve whether to deal with it now as a written request or include it within 2.2 of the CMA.

            If you do get a further ACAS certificate number then you may need to speak to the Tribunal about whether as it is related to the current claim it can be "joined" together.

            On what basis did ACAS advise "..... and their actions to push me to give notice or giving them cause to terminate my employment."
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #21
              Originally posted by ULA View Post
              From your latest post you say your PHR is set for next year but when exactly?

              In terms of you wanting it have more detail, if you feel is has not already been provided in the ETS and GoR then 2.3 of the Case Management Agenda (CMA) is where you can put this request.

              In terms of a,mending your particulars of claim a tribunal can consider an application to amend a claim or a response at any stage of the proceedings and this can be made in writing or orally at a hearing. Depending on your answer to when the PHR is taking place may help resolve whether to deal with it now as a written request or include it within 2.2 of the CMA.

              If you do get a further ACAS certificate number then you may need to speak to the Tribunal about whether as it is related to the current claim it can be "joined" together.

              On what basis did ACAS advise "..... and their actions to push me to give notice or giving them cause to terminate my employment."

              Thank you so much for your answer.

              Preliminary Hearing is set for 27 January 2023,

              ACAS did not give me any advice as such they said I could apply to ACAS as a new claim and the tribunal will then determine if the claims are related. I was also concerned about missing any time limits to submit my claims if I contact the tribunal to ask and they did not reply in time or if they did not think that the new claims should be added to the current claims, so I thought the safe bet was to apply to ACAS again.

              Because the PHR is 4 months away, should I apply to the ET to amend and add to the claim?
              I can wait until I get the 2nd ACAS certificate issued so that I can include it in the application and leave it up to the tribunal to join the claims. I'm thinking it gives the tribunal time to see if the hearing dates need to be pushed back and if necessary add more time to the hearing. The main hearing is over 3 days in June 2023. Is there a limit to the number of days for a hearing, this is all new to me and I though 3 days was a lot?

              Thank you again for your time and expertise. It is very much appreciated.

              Comment


              • #22
                You can certainly apply to the Tribunal to amend your claim once you have the 2nd ACAS certificate and hopefully you will have a response back by Jan. However, given the backlog in the Tribunal responding to anything, if you have not had a response by the time you have to complete the CMA for the PHR you can add it in again at 2.2, stating when you made the original application to amend.

                There is no limit to the number of days (I know of ones that are scheduled for many more than 3 days) it is purely down to the complexity of the claim/s.

                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You canít always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment


                • #23
                  Originally posted by ULA View Post
                  You can certainly apply to the Tribunal to amend your claim once you have the 2nd ACAS certificate and hopefully you will have a response back by Jan. However, given the backlog in the Tribunal responding to anything, if you have not had a response by the time you have to complete the CMA for the PHR you can add it in again at 2.2, stating when you made the original application to amend.

                  There is no limit to the number of days (I know of ones that are scheduled for many more than 3 days) it is purely down to the complexity of the claim/s.
                  Thank you so much for your response and advice. I'll get this sorted now and ready to send with ACAS 2nd certificate.

                  Comment

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