Employment Tribunal Hearing booked. Urgent need to send info by Friday

[enaid]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

You can try these Law Centres

Don't know if you have one near you, they do get busy though and have different experts on different days.Have you phoned Tribunal Office to enquire how to amend what you have sent in, they know that people make mistakes and should be able to help you.

[enaid]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

This was my statement of loss figures and dates removed, just to give you an idea of what they require, hope this helps .

Employment Tribunal
Manchester

Case No:

Between

Claimant

and

Respondent

STATEMENT OF LOSS

Basic Award

Date of commencement
Date of Dismissal
Age at dismissal
Working ? hours per week
Average weeks pay (Gross) £?
Average weeks pay (Net) £?
? years service x 1.5 weeks= ? weeks
? weeks x weekly wage = £

Compensatory Award

(a) Current loss from (date of dismissal) up to (date of hearing )
= ? weeks


? weeks x Weekly wage

(c)Loss of Statutory Rights
£300.00

Total Compensatory Award £?


Then what you have earned or received in benefits from dismissal up to the present day. If you are working and if not what steps you have taken to find work

[mariefab]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

The Tribunal shouldn't hold it against you that you misunderstood their orders or that you sent your information in an unconventional format. They don't expect unrepresented claimants to know everything so they can give you a bit of leeway as long as they can see that you are trying to follow their orders.

Like I said in my pm, you can send your schedule of loss in an email.
State that you are claiming for loss of employment rights, a protective award and (if his current employment is for a fixed 6 monthly term) compensation for future loss of earnings.
You could phone the Tribunal office just before you send it to let them know what you are doing and why if you like.

At some point after you've received the ET3, ACAS will get in touch with you anyway, usually by phone, so you don't need to blink first.
Their role will be to mediate between you and the respondent so as to settle the claim before any hearing.
So, it may be a good idea for us to look at the extent of his former employers failures of process so as to determine the potential value of the protective award.
That way if ACAS let you know of a settlement offer you can make a better infromed decision.

[SpringerSpaniel]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

When considering both remedies and schedule of loss, remember to consider any other renumeration received as well as wages eg pension, healthcare, insurance, death in service or any other benefits. Sometimes a less good pension scheme can be a very significant area of loss.

You can contact FRU direct - here is how Contact us | FRU

[Skaatiii]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

Thanks for your posts, was a bit dispondent when I posted as just learnt that OH is going to be posted in Wales until xmas in new job (we live in london) - until end of contract basically, which means im left alone at home with the kids/grandson trying to sort all this out by myself, so was a bit peeved to say the least. Anyway, thanks Enaid for the heads up on law centres I will get on to them today to see if we can get an appointment before he goes and again thanks Mariefab for your sound advice.

To give you an idea of what has occured:
OH believes consult should have been 90 days as entire division was closed including his satalite office - Company seems to have moved people to different offices to ensure less than 20 based at each site except one where they did provide 90 day and issue HR1 as over 100 in same office. The announcement said that some areas (the ones making money!) were being absorbed into new structure. OH believes that his post was not a genuine redundant post - he had work over 100 hours overtime in the preceeding 12 weeks, had work lined up for at least 6 months and was asked three times in his last week of work to 'go back' on a consultant basis to assist someone to do the work he should have been doing. There were at least 17 based in his department at same site and support services for his office went the week after him. A work peer has a ET going through (with Union backing as he is on a national agreement) re: consult times being wrong - hearing due next week. OH and 1 other were pulled out of their 'selection pool' and told there were posts they could be appointed to if they trained in a new field and passed a qualification which Co. couldnt disclose as they didnt know - they said jd/person spec hadnt been written. This continued until final meeting when they said do you accept other post if we were to offer it to you - OH said couldnt accept a job when he didnt know what was expected (they could of just sacked him re: competence if he had accepted) also he wasnt told of selection scoring despite asking. breach of contract grievance was ongoing from later part of consult process and has never been processed although his last letter telling Co. he was going to apply to court/tribunal generated a letter from HR stating his grievance was acknowledged as being at stage 2 and a meeting would be arranged shortly. It should have been arranged within five days according to their policy/procedures (three weeks later we still havent heard further but no doubt this is due to the ET claim) Phew think thats it.. there are other specific things like unlawful deductions but thats the main basis for the redundancy situation, which I thought was the weakest part of the claim. Lastly, he didnt appeal redundancy as no info was given other than he could at final meeting and the letter confirming details of final meeting arrived after the five days were up. Even then he wasnt given any idea of who to appeal to and everyone that he knew had left/been made redundant other than one person (HR Advisor) that he spoke to via email who was dealing with redundancy and pay queries - he also had no optiont but to take in the only other person he knew within the Co. who was in the same position as him i.e. the other person pulled out of the selection pool - this was because everyone else had been made redundant the week before.

[Skaatiii]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

Anyone with some know how care to comment on the respondents actions? Would welcome other peoples views....

[Skaatiii]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

Could somebody give me their view on the Employers actions - I would like some pointers on the areas I should concentate on i.e. Prioritise loss of statutory right or ignore that and concentrate on Breach of Contract?

[enaid]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

I am sorry I can't help you with that question at all, from what I can see it is a very complicated claim compared to the one I was going through. I do know that you have to really understand what you are claiming as with the HR dept where I worked were very clued up on what they can and can not get away with, as I am sure most are.
Enaid x

[mariefab]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

At this stage I think it would be best to wait until after the Tribunal hearing next week.
If that Tribunal finds that a collective redundancy process should have been applied you'll have a better idea of the likely success of your OH's case.

[Skaatiii]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

Hi Enaid

Thank you for your post. You are right - it does seem to be more complicated than I originally contemplated, made more so by the arrival this morning of the respondent's response contesting the claim. They have instructed a major london firm to act for them and in their response have even threatened to go to court to claim back the money they already paid him! however, more importantly they are very light on the breach of contract items and have basically said 'prove it' which fortunately we can Personally I dont think they have a copy of the contract! They really seem to have their knickers in a twist now, but all this is going to make it much harder for us.

Anyone know any good employment law specialists?
------------------------------- merged -------------------------------
HI Marie

I agree, I was mistaken however, its only the Pre-court hearing on Tuesday this week but it will give us a good idea of the situation. OH's case is much more complex and (as pm) the redundancy is only part of the claim. The respondents seem to be concentrating on a 'we did everything right' basis and only make passing defence of the BoC claims. We shall see what occurs in the next few days - but I have to submit more info by Monday week

[enaid]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

I sincerely hope you can prove everything you are claiming, as mentioned before although very rare the tribunal can decide to award costs against you. Employment Law is indeed in itself very complex and I personally feel an expert is needed to help you with this.
I wish you all the best and hope you keep us informed as to what happens if only to assist others who may get in this situation.
Thanks Enaid x

[charitynjw]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

I believe that a PHR is a public hearing, held in front of one judge.

If you could attend, it might give you a 'heads-up'.

(You would probably need the Tribunal's permission)

[Skaatiii]

Re: Employment Tribunal Hearing booked. Urgent need to send info by Friday

Thank you both for your posts
Enaid

We havent asked for any compensation on the redundancy issue - only stated that we felt the process was unfair and that we need clarification as to what should have/was paid. We are certainly able to prove the BoC part of the claim - so I hope that costs would not be awarded against us.

Charitynjw

I believe you're right - these hearings are in the public domain, unfortunately I cannot attend this hearing date so Im dependant on others passing on the info. Regardless I should have an idea of how solid the collective redundancy claim is at the end of that day - so fingers crossed. x

The main argument between parties seems to be about the type of contract my OH is on. Fortunately, despite the passing decades, I have witness statements from both the negotiator (for the company) at the time the contract was drawn up and the Director that signed the original CoE. So i feel we are on firm ground with the BoC issues.