ET a little help.

[Eddie1966]

Re: ET a little help.

It may be wrongful dismissal as well as or rather than unfair dismissal, ie correct procedures not foilowed.

The ET will look at what a 'reasonable employer' would have been justified in doing in the circumstances.

It might be argued that if you did not punch him as has been suggested that sacking is a dispoprortionately severe response, as the employer could instead have given you a warning for the violent conduct and dealt with the bullying properly.

Have you asked for re-instatement as a remedy in your ET1 ?

I put on my et1 that a lesser conduct would have surficed,How can a bully that has been proven to be a lying provocative bully still be working,But i get the sack without factual proof.
I have asked to be reinstated as a remedy.

[SpringerSpaniel]

Re: ET a little help.

You could contact the Free Representation Unit, www.fru.org.uk, they may be able to assist you

[SpringerSpaniel]

Re: ET a little help.

You need to make a request for further particulars to request a medical reporrt of the alleged victim's inuries.

[enquirer]

Re: ET a little help.

You could mention in passing that your son might just be suing his assailant and that would necessarily require the attendance in court of all sorts of people from the firm, causing them no end of inconvenience and expense. There might even be some adverse publicity too.

Of course, if they were to be more co-operative ...

[miliitant]

Re: ET a little help.

My biggest concern is neither acas or ex employer have contacted me and time is running really really short for swapping documents.

ACAS would contact you soon after you put in the ET1 claim and assigned a case worker to help with the procedure. they are not their to assis in your case, only procedure.

has ACAS or the claimants solicitor been in contact at all ???

[Eddie1966]

Re: ET a little help.

Et 1 claim went in 10/10.Had a reply 16th from acas stating the conciliator would be in touch in due course.
I have had no contact at all with ex's solicitors if they are using one or themselves.
I rang acas and spoke to conciliator last week as i have had no response or et3,Was told not to worry as i will hear something soon.
I am now worrying and will ring them up tomorrow,Should i email my ex tomorrow with demand for documents even though i don't know what documents if any they want from me?.My deadline for this is next friday.

[miliitant]

Re: ET a little help.

They should send you a demand for documents you will be using at the tribunal, like wise, you demand what documents you will need

see what acas advise first as this could well work to your advantage, a settlement may be on the cards in that the company will consider its position once they get the costs from their solicitor for their sevices

[SpringerSpaniel]

Re: ET a little help.

It is also possible that they are not defending the claim if you have not received an ET3 from them. They have a time limit for filing this if they want to defend the claim.

[zeitgit]

Re: ET a little help.

Hi there Eddie1966. Just a suggestion about Employment Tribunal whether or not you'll be representing yourself. You might want to attend an ET hearing in the interim to get acquainted with the place and see how the tribunal works in practice. At your ET, you'll be wanting to concentrate on your own case and don't need the distraction of experiencing an unfamiliar place/unfamiliar proceedings when you're already stressed. Most ETs are open to members of the public. Just turn up on the day, have a look at the list and choose which one(s) to observe. Good luck.
zeitgit

[Eddie1966]

Re: ET a little help.

Update.
Have received a letter from ET stating default judgement liability only.My case has been bought foreward and any remedy i am entitled to will now be decided at a one hour hearing as the respondants time had expired.They are not allowed to take part.
I have not had any instructions on what to take to the new hearing,Do i still take all the paperwork that i have gathered regarding witness statements and arguments that were going to take place at the original hearing or just take relevent things like wage slips and p60 etc?.Any pointers on what to expect.
Thank you.

[Eloise01]

Re: ET a little help.

Assuming that I am understanding what the letter says correctly, you have been asked to attend a hearing to determine liability and not remedy. This means that the judge will come to a decision about your case, all things being equal. So the judge intends to decide whether you were unfairly dismissed or not. And that is all. If the judgment is in your favour then a remedy will be determined at another time.

However, do not assume anything. Take all papers and a schedule of loss. And do not assume you have won. It isn't over until the fat lady sings, and that will be when there is some money in your bank account! Default judgements can be, and often are, set aside. Employers often say they haven't received the court papers, and in 99% of cases the tribunal will err on the side of caution and allow this. So be prepared for anything.

[Eloise01]

Re: ET a little help.

Ps. Sorry, on rereading your post this is a remedy hearing - I shouldn't have skimmed quite so quickly! So you will need to prepare a schedule of loss for it. But the rest is still accurate. Be prepared for anything because the default judgement can still be set aside.

[Eddie1966]

Re: ET a little help.

Ps. Sorry, on rereading your post this is a remedy hearing - I shouldn't have skimmed quite so quickly! So you will need to prepare a schedule of loss for it. But the rest is still accurate. Be prepared for anything because the default judgement can still be set aside.

Thank you,
Would you know how this procedure works,What happens when i turn up.In a normal tribunal we would argue and then let the judge decide,Would i go in and have to prove unfair dismissal or would it go directly to remedy?.

[Eloise01]

Re: ET a little help.

No - at this moment in time the judge has determined that it was unfair dismissal because the respondant did not answer the claim. That is the "default judgement". But as I said, do not assume that judgement will stand - at least for now, the respondant could claim to have not received the papers or whatever, and there is a very good chance that the court would accept this and rescind the judgement and reschedule the hearing. In this case they will notify you that an application has been made to set aside the deafult judgement, and ask for your comments on this. You will, of course, say no, and they will ignore you and do it anyway. In most cases. The reason for this is that they cannot prove that the respondant did receive the papers, and so refusing to allow it to go to a hearing is a denial of the employers right to put a case - and leave them potentially subject to an appeal.

But this hearing is about what award they should give you. This is where you put your schedule of loss, showing what losing your job has cost you, and deducting any income (including benefits) from that. If you are still out of work you can also claim for anticipated future loss until you get a job on the same basis. If you say that proper procedures were not followed, you can also ask for an uplift of the award by 25%. If you do some googling you'll find a lot of information which will help you. But this hearing, if it happens, is about what money you should get.

It's an informal meeting - usually a room, you and a judge. Nothing scary.

And don't forget - if you have claimed JSA and get the money, you are required to pay the JSA back since this is a tribunal ruling. This is often done automatically by the court (that is why you have to show benefits claimed) but do make sure it happens. You do not want the Benefits Agency on your doorstep claiming you've defrauded them.

[Eddie1966]

Re: ET a little help.

Thank you again for a first class answer,
The default judgement was for a response under rule 8 which im lead to believe is being too late,And my hearing is this friday(gulp).So im pretty sure it will be going ahead as i have not heard anything different,Not even a call from ACAS.
I have already submitted my schedule of loss and will now write out a good supporting letter.
Thanks again.