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Discrimination Claims

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  • #46
    Did the judge hand down an oral judgement to decide part of your claim at the PHR which was followed by the written judgment? If reasons were also given orally, the parties will not be sent written reasons unless you requested these at the hearing, or you requested them in writing within 14 days of the written judgment being sent out. I see from your post that you requested these however was it within the 14 days. If so them you have done so within the timescale and if you have have chased at this stage there is not much else to be done as there is a back-log however periodically chase until you receive them.


    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #47
      Hi,
      There were some oral judgement following by written reason, was very quick and as I mentioned, missed claims. Missed direction from CMH, I did request within a week of written judgement.

      I will keep chasing but am concerned on delay.

      Thanks

      Comment


      • #48
        If you have already had the oral judgement and written reasons I am not sure what else you are waiting for - just the written judgement?

        An application for reconsideration should be made in writing within 14 days of the date on which the written Judgment is sent to the parties, or within 14 days of written reasons for the judgment being sent
        out if that is later.

        Reconsideration of a judgement will only be considered if it is in the interests of justice to do so. It is not generally in the interests of justice for parties to be allowed to reopen cases with evidence or arguments that were raised (or should have been raised) at the hearing.

        Case management orders are not subject to the reconsideration procedure, but parties can apply for them to be varied or revoked.


        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #49
          Hi,
          I am awaiting for written reasons, is this not what I need to wait for before I can apply for reconsideration? And then if applicable before one can apply to appeal to EAT if there has been errors. In law?
          I was also told by ET to await for the reasons before I apply for reconsideration.
          Certainly there has been administration error where my amended ET1 was not presented or the respondent made the error as ET had the same version as I had but not the Respondent.
          Also critical witnesses were removed who were complicit in discrimination and decisions in removal of wages.
          The judge did not read my case due to only seeing the bundle in the morning, 45 mins late bec he said he had to read the bundle, not sure this is normal practice but certainly left out claims.

          So need to see his reasons and see if my assertions are true before applying.
          Thanks

          Comment


          • #50
            It will quite often be the case that the Judge is "reading into" the bundle at the start of a hearing with the resultant delay in the start of the hearing, so nothing unusual in your case.

            See paragraph 2 of my last post #49 in respect of when the 14 time day time period to submit your reconsideration starts from.


            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #51
              Hi,
              I had requested written reasons after 1 week of receiving the judgement.
              I have just informed the ET and R, of my concerns in the delays and of my intentions of applying for reconsideration, due to administrative errors, missed claims ect.
              Thanks

              Comment

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