constructive dismissal

[ugly]

UPDATE

conciliation officer contacted me and asked a few questions and asked what the out come i would like. They said they will go back to my ex employers and let the know this,
Waited 4 weeks and today got an email from conciliation saying " Hello Malcolm



I have received a response from the Respondent. They have considered their position and do not wish to conciliate at this stage.
Please let me know what you would like to do next . If you chose to withdraw your claim this would need to be done in writing (email is fine) and addressed to the Secretary to the Employment Discrimination Tribunal and emailed to employmentrelations@gov.gg
If you wish to continue with your claim, please let me know and I will advise the Tribunal team and ask them to go ahead and arrange a Hearing.
Please note that we can return to conciliation at any time.


sent email back saying please could you send them an email saying if and when i get a court date and exchange documents, I would not entertain any conciliation, if they change their minds after they have seen all my documents etc.

The lady said she could not do this

I thought they were there to conciliate ?
or can i do this myself by sending the company an email stating this ?

[ULA]

Not wishing to conciliate is the right of the employer they cannot be forced into negotiating a settlement if they do not want to at this current time but they can come back to it at any stage through the process.

To be honest until the employer is prepared to reconsider conciliation what you went back with to pass onto the employer was meaningless. I would also not suggest you contact them directly with what you are intending to say.

What you need to consider now is whether or not you want to continue with your claim and if you do, let the conciliation officer know.

[ugly]

I have told them yes i want to continue with my claim already

[ULA]

Then leave it at that.

[ugly]

Hi again just an update. tribunal office been in touch again, saying there will be a meeting between me and a judge and respondent. to discuss the case and for any questions to be asked, before bundles are exchanged.

now as i have never been to anything like this, what should i put in my bundle and should i write an opening statement ?

[ULA]

You may find the link below to a document helpful to read through to help you prepare for this meeting and any future Tribunal hearings,

https://gov.gg/CHttpHandler.ashx?id=136969&p=0

I think this is just an initial case management hearing the details of which are set out in the first page of the document.

It would appear that from this meeting there will be clear directions set out in regard to the deadlines for the preparation of the bundle and the exchange of any documents.

If you have questions after you have read it through then just come back and ask.

[ugly]

how do i go about getting hold of a video from my former employer, which proves they are lying about things ? also they have contradicted themselves in statements.

! do i email them direct and ask for it
2 contact conciliation officer and ask her to ask them ?

[ULA]

You will have to make a request to the respondent to make disclosure of the video as part of the bundle. You will have to be specific about the date, time, which camera (if appropriate) you want the video footage to be disclosed. Depending on how far back this was and the retention policy (which they should have in place) this may or may not be forthcoming.

If there has been a contradiction in statements then this needs to form part of your cross examination in the final hearing for the person making the statement.

[ugly]

just got my date for case management meeting. tried looking up what happens in this meeting, but cant find anything.
could some one explain in layman terms what happens in this meeting please

[ULA]

Am I correct in thinking this is a Preliminary Hearing (PHR) to consider case management issues?

[ugly]

Case Management Meeting (CMM) is what it says in email from them

[ULA]

A CMM is a meeting between the Chair and one person from each party, which will be you as I believe you are representing yourself and the Respondent or their representative. The meeting is to make arrangements for organising the hearing only. At the case management meeting the Chair will:

Confirm what the issues are in the complaint
Decide how long the hearing should last and set date(s)
Explain the hearing process
Decide what "Orders" should be made about documents and witnesses

The Chair's Orders are instructions about what should happen with the complaint to make sure things happen properly and on time. For example, there might be an Order about deadlines for when the parties have to exchange documents. If the Orders are not followed it will delay the process and may result in the parties having to meet with the Chair again. After the meeting the Chair's Orders and confirmation of the points discussed, will be sent to both parties by letter.

Hope that helps give you a better idea as to what to expect.

[ugly]

Thank you for your reply about this.
Today i have had another email saying the respondent has asked for another person to be with them at the meeting and the chair has agreed this and is asking me if i would like anyone with me.

Told them, no and the respondent should not have anyone with them, just me the chair and respondent.
awaiting a reply back now

[ugly]

things only get better
today had an email from the respondent demanding all my paperwork recordings etc by a certain date ( a week )

not even had case management meeting yet.
reported this to tribunal office who advised me this is so wrong of them and to complain to the chair of the case management meeting by letter.
also sent respondent an email back denying their request.
Dirty tricks

[ULA]

Thank for both your updates on the behaviour of the respondent, unfortunately not all parties "play nicely" in employment claims. I would suggest you do as the tribunal office suggested.