Help With Remedy Letter

[charitynjw]

Re: Help With Remedy Letter

The main concern of the Tribunal is relatively straighforward - "Did the employer have a legal right to act as they did?"

Your task will be to provide evidence to show that they didn't.

It is, of course, wise to disprove this kind of allegation, but don't spend too much time on minor issues.
You will have a limited time-slot during the hearing in which to state your case.
Try not to let the employer's team side-track you.
Most importantly, as far as possible, leave emotions out of your responses - be 'clinical'!

[bluebottle]

Re: Help With Remedy Letter

The abuse your former employers submitted in their response to the ET1 is standard procedure. If you have the evidence that counters what they have submitted to the ET and it stands on its own merits, stay calm and, above all, stay focused. That will help you a great deal.

If the ET's adjudication goes in your favour, you are awarded damages and your former employers do not appeal the adjudication and they have employed a legal professional to write the two-page response, as long as you have the evidence that disproves this, you should consider making a formal complaint against the legal professional or law firm to the Solicitors Regulation Authority.

Believe it or not, the person who chairs an ET is a judge. The other two members are lay persons (one representing employers, the other from a trade union to represent employees).

If you are claiming unfair dismissal, the onus is on the employer to prove your dismissal was not unfair. If you are claiming constructive dismissal, then the onus is on you to prove your case. I'm not trying to frighten you, just point out how things are.

One last thing about any award you may receive from the ET. If it does not go to appeal or it goes to the Employment Appeals Tribunal (EAT) and your former employer's appeal is dismissed, make sure you register the award with your local County Court. If it then becomes necessary to enforce the award, having registered it with the County Court will make it easier to enforce. If any award is over £600, you have the option of either asking County Court Bailiffs to carry out enforcement or you can issue what is known as a Writ of FiFa, in the High Court, in which case High Court Enforcement Officers (HCEOs)(formerly known as Sheriffs) will carry out enforcement. Both have cost implications so do please make sure you come back onto this thread immediately after the ET hearing, either way, and if you need any further help, we will see what help you may need.

[FXPER]

Re: Help With Remedy Letter

Having read through the 18 paragraph's over the weekend,only 4 contain anything relevant.

Secondly the tribunal are asking me to confirm the nature of my claim against xxxxxx,including the nature of that business,and whether that claim is being pursued given that xxxxxxx accept that they employed me at the date of termination of my employment.

Now this has threw me a little,as not sure what exactly ths means !! :confused2:

Can i include any points of law in my response or not ?

[charitynjw]

Re: Help With Remedy Letter

Hi FXPER,

So far, we have no real idea of the issues involved, your reasons for claiming & the actual 'head(s) of claim (unfair dismissal/constructive dismissal/any discrimination issues etc, etc), or your employer's defense.
As the Case management is asking about the date of your end of employment, could the effective date of termination, or the time between the contentious occurrence(s) & your ET claim, be a problem?