Employment > Disability. Employer won't make Reasonable Adjustments. I might be fired

[Huxie]

I think the references to partner in the above post may be in error. I believe ULA copied the information from a previous post and forgot to edit out the ‘partner’ references.

https://legalbeagles.info/forums/for...25#post1651325

[Avery]

... I have uploaded this for you, ...

Where is this doc please? I already have a blank agenda word doc from the court "AGENDA TCMPH.docx" if this is what you were referring to.

... If required then only a minimal bundle is prepared as there are very few papers/documents that have been exchanged between the parties at this time. ...

The judge hasn't asked me to prepare a bundle, except what's written in the standard AGENDA doc, where the word bundle is mentioned once:
"6.3 ... Who will be responsible for preparing
• index of documants?
• the hearing bundles?
Date for completion of this task and sending copy to the other side?"

Should I begin structuring my bundle now? – and do you have a guide on how best to do this please?

... Both parties are encouraged to agree the agenda but if this cannot be done, then each will submit their own version.

Are both parties encouraged to agree to a single common agenda during the PHR, or before?
... I assume it is during. If before, then I don't see how this will be possible unless I engage in dialogue with the defendent before the PHR, and the judge has not asked me to do this.

...

In the Agenda template there is also "10.1 ... Is this a case that might be suitable for judicial assessment?"

... I don't know if my case qualifies. The guidance in "JUDICIAL MEDIATION.pdf" suggests that it might not be cost effective, but as I am representing myself I don't have any lawyer fees to pay.

... There is also the matter of compensation I may be awarded. My goal is to settle out of court, but only because I am assuming that the financial compensation (for out of court) is greater than what the jurisdiction of an ET is able to award. But if the Judicial Mediation process has caps on how much compensation can be awarded, then this defeats the object of going down this path.


Your help is very much appreciated.

[Huxie]

Where is this doc please? I already have a blank agenda word doc from the court "AGENDA TCMPH.docx" if this is what you were referring to.

ULA’s version is attached to the post I linked to in my previous post.

[Avery]

ULA’s version is attached to the post I linked to in my previous post.

Got it, thanks. Looks like this version includes Welsh translation. I got one from the court with English only.

[ULA]

As the Tribunal services cover England and Wales all formal documents from the Court online have the English and Welsh languages.

In respect of the bundle, if the respondent is represented then they are the normal party to prepare the bundle for the PHR, which really should be minimal:

* ET1
* ET3
* List of Issues if one has been created.
* The Order for the PHR

Subsequently for the final hearing which is what the Case Management agenda is preparing for, I would suggest that you put that responsibility to the respondent in your reply to that section. However you will be required to contribute by ensuring that documents you want to rely on are contained in the bundle and therefore indexed as well.

If there is a dialogue between both parties then yes, if some agreement can be made on the content of the agenda, then that is encouraged before the PHR, however this does not always happen.

In terms of Judicial Assessment I have linked to the Presidential Guidance on this:

https://www.judiciary.uk/wp-content/...ssessments.pdf

In terms of Judicial Mediation then as you say you would not anticipate incurring any legal fees as you would be representing yourself and it may be a way for you to get a settlement without attending a full hearing, so it might be something you want to consider.

[Avery]

Thank you ULA ... sorry, i just need to clarify a few points.

... In respect of the bundle, if the respondent is represented then they are the normal party to prepare the bundle for the PHR, which really should be minimal ...

re; "the respondent", are you referring to the Defendent (my former employer)?

re; if they are "represented", do you mean if they are represented by a lawyer? – and if so, why does that make a difference please?

Subsequently for the final hearing which is what the Case Management agenda is preparing for, I would suggest that you put that responsibility to the respondent in your reply to that section.

So, my version of the Agenda (the blank template) has to be completed by me 2 days before the PH, but it is finalised (changed) during the PH.

However you will be required to contribute by ensuring that documents you want to rely on are contained in the bundle and therefore indexed as well.

Should my entire bundle be completed before the PH, and does any part of it have to be sent to the court 2 days before the PH?
... And does my "index" of my bundle have to sent to the court 2 days before the PH (or does it just have to be ready)?


Thank you again

[ULA]

Response to your last post:

1. No it is the Respondent, you an in an Employment Tribunal and not the Civil Courts where the term would be Defendant.
2. Yes it makes a difference, if the Respondent is represented and the claimant is a litigant in person then the Respondent's legal representative will prepare the bundle. If both parties are litigant's in person this can become the decision of the judge in a PHR as to who should prepare the bundle.
3. The Case Management Agenda is used like any other agenda for a meeting, as a guide for the hearing and from which their will be actions which then form part of the Orders that will be made by the Judge after the PHR.
4. No the bundle for the full hearing does not need to be prepared for the PHR nor does the list of documents.

[Avery]

Response to your last post:

1. No it is the Respondent, you an in an Employment Tribunal and not the Civil Courts where the term would be Defendant.
2. Yes it makes a difference, if the Respondent is represented and the claimant is a litigant in person then the Respondent's legal representative will prepare the bundle. If both parties are litigant's in person this can become the decision of the judge in a PHR as to who should prepare the bundle.
3. The Case Management Agenda is used like any other agenda for a meeting, as a guide for the hearing and from which their will be actions which then form part of the Orders that will be made by the Judge after the PHR.
4. No the bundle for the full hearing does not need to be prepared for the PHR nor does the list of documents.

Thank you ULA

[Avery]

Hi, it has been some time since my last post, but after making some donations i have been receiving some very useful advice from Legal Beagles. Thank you ULA

I have since had my Pleminary Heating, and i have a question with regard to a forthcoming Final Hearing. The judge has booked a room for the final hearing next year. The Respondent hasn't challenged this, and so far neither have i.

Q. The respondent will want to avoid bad publicity at all times. Baring this in mind, would it be better for me (the Claimant) to ask for the heaing to be held online? ... Unless i am wrong, i think an online hearing will be able to be viewed by members of the public. This might apply more pressure on the respondent, that might encourage them to settle out of court before the final hearing, which is preferential.

Due to disability, i believe i might be able to request a video link hearing as a reasonable adjustment (perhaps).

Any feedback would be much appreciated. Thank you

[ULA]

Whether you have the hearing in person or online makes no difference any member of the public can attend.

[Avery]

It has been a while since i last posted here. I have an update regarding my case.

The Final Hearing has been booked for the new year. The court has been booked for 4 days, starting on a Monday.

The Bundle and Index hasn't been finalised just yet. I am still working on this with the Respondent. Their HR person is dealling with it.

The Respondent has recently made an offer to settle out of court, but the amount offered is only about 25% of my Schedule of Loss, so i decided to refuse this. However, i did tell the Respondent that i am happy to keep the conversation going about a £figure for an out of court settlement. They did also mention that their intention to offer out of court is to avoid laywer's fees.
... This suprised me because i've only dealth with their HR dept throughout this whole lengthly process.

I am now wondering, how long it can be left before the FH to agree on an offer and then withdraw my claim after receiving payment? ... Must this happen before Day 1 of the FH, or before the Last day?

As the FH is 4 days, i am not sure about the structure. The CAB talks about "last minute" offers, though I'm not sure if this should be taken literally:
https://www.citizensadvice.org.uk/wo...bunal-hearing/

Any guidance on this would be very much appreciated, as always.
Thank you

[ULA]

There is no time limit as to when an an offer can be agreed. I have known settlements to be reached on the first day and sometimes a Tribunal will urge for the parties to see if they can agree a settlement.

[Avery]

There is no time limit as to when an an offer can be agreed. I have known settlements to be reached on the first day and sometimes a Tribunal will urge for the parties to see if they can agree a settlement.

Thanks Ula,
Wow that's cutting it pretty close... what about just after the Hearing, on the final day, just after proceedings have actually finished?

... Presumably the case is not decided by the Judge until several days after the last day of the FH.

I have heard the expression "it was decided on the court steps", or something like that.

[ULA]

If the Judge does not have time within the 4 days set for the hearing then it may take more than several days to get a judgement, more like several weeks or depending on the complexity of the case and when the panel can meet for deliberation it may be months.

Settlement can happen any time during the hearing.

[Avery]

If the Judge does not have time within the 4 days set for the hearing then it may take more than several days to get a judgement, more like several weeks or depending on the complexity of the case and when the panel can meet for deliberation it may be months.

Settlement can happen any time during the hearing.

Thank you Ula, much appreciated