Employment Tribunal

[Freshstart24]

So glad to have found this forum today, what a wealth of information. Sorry if this is a silly question but I am completing the ETI and note it’s restricted to 2500 characters. However, there is the option to upload a document. Is there no restriction if I upload a document? Just don’t want it to be declined on a technicality as I only have a few more days before the deadline. Thankyou.

[Freshstart24]

Sorry, I have another question. If I already have a SAR but all names are redacted, is it possible through the ET process to request an unredacted copy? If so, what is the process? Thanks again

[ULA]

If you are providing information on separate pages for a number of questions on the ET1 form, you do need to say how many pages in total you have attached to the form. There is also a limit in size of file that you can send, however I would suggest you are not going to reach that limit.

If you have sent in an SAR request and the information has been provided back to you with details redacted then your employer is allowed to delete or redact names or edit documents if the third-party information does not form part of the requested information. If your employer can demonstrate that this is the reason for the redaction or it is commercially sensitive information the Tribunal will allow the document to remain redacted.

[Freshstart24]

Thankyou very much for your swift reply. Understood with regards to the ET1. Regarding my SAR, I had asked me ex-employer for emails regarding myself. I was asked to provide a list of names to limit their searches, which I did. The emails provided can prove bullying. However, they have redacted the names of all the senders and recipients so I will be unable to prove who was responsible.

[ULA]

The issue of SAR does cut across the Data Protection Act 2018 under which there is an exemption that says an employer does not have to comply with a SAR if doing so means disclosing information which identifies another individual, except where:

• the other individual has consented to the disclosure; or
• it is reasonable to comply with the request without that individual’s consent.

If the content of the document is relevant to your SAR request then they need to provide the document but given the above they would need to redact any information that would identify the third party.

Does the content of the emails that is not redated prove bullying even with the names redacted?

[Freshstart24]

Thanks Ula, yes they prove bullying with the names redacted. Perhaps it’s more than I want the individuals to be held accountable and worry this won’t happen if they are anonymous. Thankyou

[ULA]

I presume your claim will be against the company therefore it is about proving the bullying and if the email do that then you have evidence to support your claim.

Did these individuals hold senior positions in the company and if so are you naming them as co-respondents?

[Freshstart24]

Yes, my claim will be against the company so understood the emails with redacted names will still support my claim of bullying.

All parties are management level but I don’t know if their positions will be classed as ‘senior positions’ or not? Also, I’m unsure if they are co-respondents, sorry I’m out of my depth…I have made a donation to hopefully get some off-forum help if possible. Thankyou

[Freshstart24]

I thought I had to have my ET1 submitted this week as Friday will be 3 months minus 1 day since my last working day following resignation. However, I did contact ACAS about early conciliation so would the clock have been paused for that 6 week period?

[ULA]

It really depends on whether there was any early conciliation that took place. If your or the respondent did not want to proceed on that basis then a certificate would have been issued immediately and you have a minimum of 1 calendar month from the date of receipt of the certificate to make a claim to the employment tribunal up to 3 months less a day. If early conciliation took place then the time limit may be extended.

[Freshstart24]

Thankyou, so we attempted early conciliation, my ex-employed did not respond to ACAS and they issued a certificate after a 6 week period? The timescales are so confusing

[Freshstart24]

My certificate shows that it was notified on 8th October and certificate issued 19th November

[ULA]

There is still some confusion over extensions of time limits for early conciliation. Where a claimant has referred a case to ACAS for early conciliation (EC), the time for bringing a tribunal claim is paused on "Day A" (the date the claimant submits the EC form) and restarts on "Day B" (the date they receive an EC certificate). However, if the original time limit would have been due to expire less than a month after Day A, there is a further automatic extension so that the last day for presenting a claim is extended to "one month after Day B".

However the guidance is that submitting a claim should not be left to the last minute to ensure there is not question of the deadline being missed and the claim being "struck out" on that basis.

[Freshstart24]

Thankyou for going into such detail, that was very helpful. My last day of work was 7th October so 3 months minus 1 day would be 6th January which is more than 1 month after date A which was 8th October. So I’m hoping the clock may have been paused between 8th October and 19th November which would allow me into Feb? I don’t want to leave it last minute, it’s just that I currently have a lawyer assessing my case to determine whether it will be covered under my insurance and I would much rather if I potentially have legal cover that the lawyer complete the form instead of myself to ensure it’s done properly.

[ULA]

If you can get legal assistance via your insurance cover then I would strongly recommend that you get them to handle your claim, if your case passes their threshold potential success rate. I would just have a quick call with them tomorrow to double check the time limit for submission will be extended as I have set out.