Employment tribunal preliminary hearing

[Sanshine]

Hello,
I have a PH next week.
and am a bit worried as I don't know what to expect.
my employer has submitted a change of position last minute
so it means that I now need to request documents and I have managed to get a statement that will support my case.

please if anyone can advise

im worried

thank you

[Kati]

Re: Employment tribunal preliminary hearing

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION] night be able to offer you advice Welcome to LB xx

[Sanshine]

Re: Employment tribunal preliminary hearing

Thanks, I'm new how do I contact them?

[FlamingParrot]

Re: Employment tribunal preliminary hearing

Hello,
I have a PH next week.
and am a bit worried as I don't know what to expect.
my employer has submitted a change of position last minute
so it means that I now need to request documents and I have managed to get a statement that will support my case.

Hello,

What is the reason for holding a preliminary hearing in your case? What is the ET trying to establish before going to a final hearing?

I had two of them, you arrive half an hour early and go sit in the claimant's room which is a bit like a classroom, until someone goes in to call you. Then you go into a smallish room where there is a judge presiding and two tables, one for the claimant and their legal representative (if any), another for the respondent and their legal rep. There are some seats behind where other witnesses, etc. can sit and a separate table where you sit at when it's your turn to give evidence or be cross examined. The judge sits there frowning and making notes on his computer throughout. It's not a proper court room, it's all fairy informal but you still have to do either an oath or an affirmation before giving evidence.

Depending on the issues discussed the hearing can be surprisingly long and you may not get a judgment at the end, it can take quite a long time (weeks or months ) to find out the outcome, and judges can be quite skilful at disguising how they feel about either side and who they do/don't believe during the hearing. :ohwell:

- - - Updated - - -

Thanks, I'm new how do I contact them?

You have! :grin:

[Sanshine]

Re: Employment tribunal preliminary hearing

Thanks
the issues are to clarify issues between both sides,
consider the need to provide more information,
issue orders of exchange of witnesses
witness statments exchange to be considered
need of inspection of documents and bundle preperation for hearing
consider number of witnesses and availability
correct respodnent
hearing date
explore posibility of settlement

it it is a closed hearing

any thoughts?

is it formal dress code?

thanks again

[cupidstunt]

Re: Employment tribunal preliminary hearing

Nothing to worry about.

Just what it say's.

they are setting a timetable, for these things.

respondent usually gets asked to prepare bundle.

respondent might ask you to supply further and better particulars, which a time will be set for you to comply.

They also try to get things thrown out, so argue why they shouldn't. its very petty.

The judge will also set a date for the main hearing.

Some people say wear a suit, I think just clean and tidy is correct. I don't do either, but I have trouble just getting out of bed let alone dressing up. Yet to wear shorts though.

Don't take any nonsense its your hearing, don't be led into time frames that you won't be able to meet.

The judge will not be the one at the main hearing and he cannot put you in jail.

Bring dates your wittnesses will not be able to attend, don't name wittnesses yet.

Depending on no. of days. expect main hearing to be in 6 months.

Be relaxed its not a bad experience, just don't let the respondent dictate the hearing.

Have fun, you can't get hurt ;-)

[Sanshine]

Re: Employment tribunal preliminary hearing

Not more than I already have.
they have changed their response just now.
will I be able to argue it's incorrect?
will the listen to my side?

thanks

[FlamingParrot]

Re: Employment tribunal preliminary hearing

Thanks
the issues are to clarify issues between both sides,
consider the need to provide more information,
issue orders of exchange of witnesses
witness statments exchange to be considered
need of inspection of documents and bundle preperation for hearing
consider number of witnesses and availability

This sounds more like a case management hearing to prepare for the final hearing rather than one to decide a crucial point such as when it's necessary to establish whether the claimant was actually employed by the respondent or whether they had the required length of service. This being the case, it should be a lot less stressful than one where the outcome of the prelim is decisive to the case. In this case it seems to be all procedural stuff so it's nothing to worry about. :thumb:

The bundle is usually prepared by the respondent or their solicitors and there's only one bundle to be used by both sides so you need to make sure all your evidence is included in the bundle.

What's the position here? is the other side represented by a solicitor? Most respondents would be.

Are you calling any other witnesses yourself?

correct respodnent

Is there more than one company involved? Were you working for an outsourcing outfit that provided services to another company?

hearing date
explore posibility of settlement

This is something that all courts and tribunals like to encourage, however, it's not something that should be decided there and then. If a settlement offer is put forward, you should be allowed to consider it in your own time and get suitable advice, even more so if you are not represented at the hearing.

it it is a closed hearing

any thoughts?

is it formal dress code?

Not in the strict sense applied in places such as restaurants and clubs where you are not allowed in if you are not dressed properly, it's more a matter of making the right impression. At one of the hearings the respondent wore jeans, the judgment went all against them. :whoo: I wouldn't say it was a direct consequence of the attire as there was a mile high pile of evidence to be considered, however, in my view it suggested arrogance and lack of respect for the judge, the institution and the entire process. I wore a suit, it's not compulsory and not all claimants in the room did, however, looking smart can't hurt. :thumb:

[Sanshine]

Re: Employment tribunal preliminary hearing

It is regarding holiday pay accrued during maternity leave. They won't pay as I resigned and missed the cut off period.
The previous year I was allowed to carry forward my holidays
so I believe this is on the basis of me being on maternity leave.
i was paid all of my outstanding holidays before going on maternity leave but they have now decided to change their response and claim that the holidays paid before my leave is the holidays accrued during maternity.
and that in fact I am asking for holidays I have lost from the previous year.
there is new management to the one that was in when I went on my leave. I have never met them and they were not involved with my payments.
non off the staff lost their holidays the previous year.

they are inconsistent and actually not telling the truth

i think ink they have a lawyer
i dont.
But I strongly believe in my claim. I wouldn't put myself through this and proceed to a tribunal if I was asking for something that doesn't make sense
i want to ask for documents that will show all management was allowed to carry forward holidays
i have 2 witnesses


thoughts?

[Sanshine]

Re: Employment tribunal preliminary hearing

And I meant correct response...
only now they have made a change of response which I'm disputing