Privacy during dismissal and employment tribunal claim

[ULA]

If it does not work out with the law firm you are going to speak with and you then need further assistance then you can always come back to this thread.

Good luck.

[Retromau5]

Thank you.

The law firm has yet to speak to me as their customer relations manager is away from the business due to sick leave. So I need to be prepared for the possibility that I may have to represent myself. The ET Judge did everything they could to tell me (without actually saying it) that I need to amend my claim. How would I go about doing that?

[ULA]

You will need to make an application to the Tribunal, which you will need to state is in accordance with rule 29 of the Employment Tribunals Rules of Procedure 2013, allowing for a party to amend their claim. You will then need to:

1. Set out your reasons for making the amendments
2. State what the amendment are.
3. Set out the effect the amendment will have on the proceedings.

Given that you feel you were given the indication to do this from the judge you many want to add that an order in the terms requested would assist the tribunal in dealing with the proceedings efficiently and fairly and in accordance with the overriding objective for the following reasons xxxxxxxxx and set these reasons out.

Make sure you confirm that you have complied with rules 30(2) and 92 of the ET Rules by providing a copy of the correspondence to the respondent (you can copy them into the email to the Tribunal) and that you have advised them that any objection to your application must be sent to the tribunal office as soon as possible and copied to ourselves

[Retromau5]

ULA Thank you for your advice. It is very much appreciated.

[Retromau5]

Hello all, just looking for a bit of advice. I have a preliminary ET hearing on 25th on July to discuss the disability discrimination part of my claim, and my solicitor has has said there is no need for me to attend the video call for this but I can if I want to. I'm in two minds whether to or not as my anxiety issues have already started to flare up again but at the same time I don't want to seem disrespectful to the court. So I'm wondering if anyone has any thoughts on the pros and cons of attending/not attending?

[FlamingJayne]

Hi Retromaus

I was very anxious about mine earlier this year. Part of my claim is disability discrimination and all of the events leading to my claim had a severely detrimental effect on my mental health/trauma. I am also luckily being represented, so was in two minds about going. I went in the end, could keep my mic and camera off and didn't even speak, my rep did all the talking for me. The respondent's rep was the only one there for their side and was OK after I had spent all my time catastrophising about them. The judge was good, helpful and very thorough talking through the points of the claim. The administrator for the tribunal checked in with me before it started and OK'd me asking for a brief break if needed. The case management orders plus record of hearing came the next day. I'm glad I went in the end, gave me a flavour of how it all works, but pleased that I could be there without my camera on. I would have probably been left wondering about it if I didn't go.

[Retromau5]

After months of delays on the preliminary hear it finally took place on 25th July. My solicitor represented and I did not attend due to stress. My claim has now been accepted as follow:

a. Unfair Dismissal;
b. Wrongful Dismissal;
c. Discrimination Arising from a Disability;
d. Victimisation;

So now my next step is to produce evidence of my long term health condition and how it effects my day to day activities, and this must be completed by 23rd August. This file will include:

a. Patient records from my doctors
b. Sick notes produced to my former employer
c. Occupational health assessment that was requested by my former employer

I am also considering including an impact statement from my counsellor which will describe how my work place stressors effected my mental health during my employment.

I just wanted to give an update on this, so if anyone was in a similar position and wanted to read how things may pan out, they'd have some sort of idea of what to expect. The one thing that has struck me through the whole process is how much a respondent will twist and misrepresent the truth during the proceedings. In a criminal case the level of purjury would be staggering from their side from my view, and I just can't see how they expect to get away with it.

But I suppose there's a huge difference between criminal and employment law.

[ULA]

Retromau5 thank you for the update on how your preliminary hearing went.

I appreciate you have a solicitor who will be advising on documents to prepare but I would certainly suggest that an impact statement is a very useful document to include.