Respose to an ET claim

[Wodniw]

In my ET claim I stated 10 points on which I based my claim. In response to my claim the employer has only dealt with 6 of them and denied them. He has not mentioned the remaining 4 points at all.

By not denying these 4 points or even mentioning them in his response, would those points now be seen as being true/accurate by the tribunal?

[matt3942]

Re: Respose to an ET claim

Hi [MENTION=67312]Wodniw[/MENTION]

An ET would certainly question why the employer didn't respond to those points, and their failure to respond will likely go in your favour, but the outcome will likely depend on the nature/seriousness of those points and their affect on the overall claim.

This is a rather simple example but let's say someone brought a claim of unfair dismissal because of direct discrimination on grounds of pregnancy. Point 1 is the employer dismissed them on finding out they were pregnant, and Point 2 is the employer didn't issue a written statement of employment particulars. An ET is unlikely to find the claimant was unfairly dismissed simply because the employer didn't refute Point 2.

- Matt

[Wodniw]

Re: Respose to an ET claim

3 are what I would class as minor points and are probably just good to have on my side rather than theirs. 1 I feel is a major point and that is my boss who heard the disciplinary and dismissed me, regularly breaks the same health & safety rule that he sacked me for breaking. I stated this at my disciplinary and provided evidence; it was ignored. I stated it at my appeal and provided evidence; it was ignored. I stated it in my et claim form and yes, they've ignored it. They have not even tried to deny it.

It wasn't a statutory health & safety rule, it was a company one.


I'm hoping the tribunal wont ignore it.

[teaboy2]

Re: Respose to an ET claim

was it the same boss that the held the disciplinary hearing that held the appeal hearing too?

Is it a big company or a small one, if small, then how small is the management team?

[Wodniw]

Re: Respose to an ET claim

Everything was heard by different people. Its a medium sized business with plenty of management but the ones who dealt with the investigation, disciplinary and appeal are all in their own little clique inside and outside of work.