ET brought by self employed contractor

[Lou2072]

Almost 2 years in to an employment tribunal brought against me (sole trader) by a self employed contractor. I am representing myself, I have fully cooperated with the tribunal, met all courts orders and put together a full bundle. I’ve found the process very stressful and time consuming particularly as it’s my understanding that self employed can’t take someone to employment tribunal.
claimant has over the last 2 years missed multiple orders to provide evidence to support their claim. Had 2 previous dates postponed, once because they hadn’t provided evidence to go in the bundle and once to attend an out patient x ray appointment ( they chose the hearing date) the latest request for postponement is because they are going on holiday! Judge has refused postponement request but they have asked again and attached a letter from GP claiming stress & anxiety.
claimant has made some very wild/odd claims in ET1 form which I have addressed with evidence to the contrary, claimant is claiming unfair dismissal/constructive dismissal after resigning verbally and then via email. Asked for job back a week later but denied.
claimant has been very personal borderline harassing me and my family, I’m close to breaking point just want the hearing to go ahead. Awaiting a response from the judge tomorrow just don’t know what I’ll do if it’s postponed again.
Any suggestions/comments please?
many thanks

[Bobs123]

They must have known when the hearing date was, why have they booked a holiday deliberately for that date knowing that they have a hearing to attend. They are the ones who have brought the claim, you would think they would want to get it sorted. It sounds to me like they are trying to delay, maybe they have realized their claim has little chance of success.

[Lou2072]

The last 18 months have been awful, it’s been one excuse after another. The latest excuse is that it was a surprise holiday booked by a family member who was unaware of tribunal. So why wait until a week before the hearing to contact the court? Acas have been unhelpful to say the least, without even reading the ET3 asked what offer I would like to make to the claimant.
im not sleeping not eating just feel broken

[ULA]

So sorry to hear that you are having such a tough time, unfortunately the Tribunal process can be a very stressful, particulary if you are representing yourself and this is clearly being exacerbated by a claimant who, despite making the claim, seems to be uncooperative with the process.

Can I suggest that since the judge is due to make a decision tomorrow that you wait to see what that is. If a further postponment is allowed then having previously refused it may be based on the evidence of the GP however, it would be interesting see if the judge provides a reason and what that is.

Can you come back to this thread and provide us an update and then we can see how to help you.

[Lou2072]

The judge has agreed no postponement case will be heard next week. GP letter was very vague. Hopefully the truth will out next week. Feel prepared, know the bundle inside out, questions prepped. Any other tips gratefully received

[ULA]

Glad to hear that the Judge has not agreed to the postponement and that you can get yourself prepared for next week's hearing. I have done a brief guide to attending a tribunal hearing, uploaded below, which hopefully will give you some guidance on preparation and what to expect on the day, although each tribunal centre may vary in how they run things but it will give you a general idea.

If you have any further questions having read the guide just come back to this thread.

If not I wish you all the best for the hearing and plesae come back to let us know how you get on.

[Lou2072]

Thank you, I will definitely let you know how I get on, feel a little more positive

[Bobs123]

Best of luck x

[dslippy]

An employee can enforce an employee's rights, eg not to be unfairly dismissed. He might say he is a worker whcih acknowledges that he is short of an employee, but he can enforce 'workers' rights which will include things such as health and ssfaety and workers' hours and others.
Go prepared to present your case and prove each of the points you need to prove. Do so, and let the tribunal decide.
Best of luck..

[Lou2072]

Claimant arrived at court totally unprepared, no paper or copy of bundle, judge very unhappy and adjourned for 90 mins whilst bundle was copied.
judge commented how well they bundle was put together
Judge decided that claimant was a worker and in the eyes of the law employed, in the eyes of HMRC they are self employed.
judge caught her out in several untruths, backed up by my evidence, bank statements, phone logs and text messages.
have to return tomorrow for a decision, I honestly don’t know how it will go tomorrow but it will be over and can move on.
will post tomorrow.
many thanks

[ULA]

Many thanks for the update and well done on being so prepared. Fingers crossed for tomorrow.

[Lou2072]

Arrived in court this morning judge had more questions for myself and the claimant, I felt this went much better than yesterday. Judge said she needed at least 2 further hours to make her decision.
called back to court at 12:30 honestly my legs were like jelly.
judge found that claimant was self employed for HMRC and tax purposes but an employee under the law and quoted a case from 1968 Readymix Concrete V Minister of Pensions and NI.
she then went on to dismiss the claimants unfair and constructive and also express dismissal claims completely giving reasons.
she went on to explain that the judgement would be in the public domain and available online, she said the claimant should consider carefully before asking for full written details of judgement and reasoning.

I’m obviously very happy, honestly the claimant has made my life an absolute misery for the last 18 months with her constant delays and additional allegations, it has really affected mine and my husbands mental health I don’t feel we have been fully present, I hope I never have to experience this again.
im a naturally organised and thorough person I document everything and do my research, which has definitely helped.We have some very supportive and understanding family and friends we plan to spend the weekend relaxing with them and can put this behind us finally.
honesty is always the best policy, the truth will out.
thank you all for you help and support

[ULA]

Lou2072 thank you for letting us know the outcome of the hearing.

Well done on the result and sounds like you have a well deserved lovely weekend planned