Civil claim following Employment Tribunal claim

[Thomas_P]

Hi all,

Hoping somebody will be able to help with this...

I brought a claim for constructive dismissal and unpaid holiday pay via the Employment Tribunal. Due to circumstances beyond my control, I was not in attendance at the Hearing. The judge decided to proceed in my absence and dismissed the case. I subsequently appealed, but this was also dismissed.....I was representing myself and was not as prepared as I could have been!

I now feel I have a strong case to argue with evidence and am wondering if I am able to now bring a claim via the Civil Court for breach of contract?

Thanks in advance for any assistance!

Tom

[mariefab]

Re: Civil claim following Employment Tribunal claim

When the case first dismissed, was this simply because of your non-attendance?
Or did they look at your ET1 and any other evidence that you'd submitted and decide that you lost on the facts available?

When you appealed, did you get to present your case?
Or were you just appealing the original Tribunal dismissal so that you could have another opportunity to present your case?

[Thomas_P]

Re: Civil claim following Employment Tribunal claim

Hi mariefab,

The judge looked at the ET1 and other papers available to him, but dismissed the case based upon the evidence available to him.

I appealed based on the fact that he had not looked at my bundle, as it had been directed that bundles should simply be brought on the day of the hearing. The Respondent had a copy of my bundle, but did not provide it to the judge.

The appeal resulted in a Rule 3(10) Hearing, which subsequently resulted in a Preliminary Hearing, which is when the appeal was dismissed.

Many thanks.

Tom

[mariefab]

Re: Civil claim following Employment Tribunal claim

I'm afraid that, as your case has already been heard and a decision has been made, you can't try effectively the same case again in another court just by putting a different label on it.
If you tried, the opposition could easily have it struck out as an abuse of process.

[Thomas_P]

Re: Civil claim following Employment Tribunal claim

Hi mariefab

Thanks for your assistance with this.

Tom

[Openlaw15]

Re: Civil claim following Employment Tribunal claim

Hi mariefab

Thanks for your assistance with this.

Tom

Hi Tom

Why didn't you ask for an adjournment (ie post pone the hearing) if you knew you couldn't be there. Or alternatively asking for paper hearing only, hearing based on the paper evidence than having to appear yourself.