Urgent help required - RE asking for reconsideration of judgement

[TonyG]

Hi. I have just days left before the time limit runs out to request reconsideration of et judgement. I have lost all faith in my solicitor as I am still waiting for them to pass on the written reasons for the judgement so I can apply. The solicitor who was dealing with my case has gone on holiday and not informed anyone else of the issue or deadline so I now have to do everything myself.

I have given up waiting for a copy of the written reasons so have written my request in a word document, using what I can remember of the judgement, but don't know if there is an official application form that must be used or where to get one from. Can anyone clarify this?

I have a fees remission form which is the same one used for the tribunal, but don't know if this is the same one I need for an application to reconsider. Can anyone tell me if it is or not. If not, then how do I get hold of the right one?

Does the application to reconsider have to come from the solicitors that represented me or can I apply myself?

Can I bring the application in person to the court for them to check there and then, in case ive made any mistakes on it, or must it be posted / emailed to them.

Thanks for your help, Tony.

[Kati]

Re: Urgent help required - RE asking for reconsideration of judgement

tagging [MENTION=26290]mariefab[/MENTION] xx

[charitynjw]

Re: Urgent help required - RE asking for reconsideration of judgement

Hi. I have just days left before the time limit runs out to request reconsideration of et judgement. I have lost all faith in my solicitor as I am still waiting for them to pass on the written reasons for the judgement so I can apply. The solicitor who was dealing with my case has gone on holiday and not informed anyone else of the issue or deadline so I now have to do everything myself.
I'm not sure about ET, but in County Court actions, with reference to CPR 42.2(c), you have to inform the court if you intend to proceed as a LiP if you have previously had legal representation. I suspect that this is equally applicable at ET, who should be able to advise how you can do this.

I have given up waiting for a copy of the written reasons so have written my request in a word document, using what I can remember of the judgement, but don't know if there is an official application form that must be used or where to get one from. Can anyone clarify this?
You could ask the ET while dealing with the above.

I have a fees remission form which is the same one used for the tribunal, but don't know if this is the same one I need for an application to reconsider. Can anyone tell me if it is or not. If not, then how do I get hold of the right one?
Separate EX160's should be submitted with each application.

Does the application to reconsider have to come from the solicitors that represented me or can I apply myself?

Can I bring the application in person to the court for them to check there and then, in case ive made any mistakes on it, or must it be posted / emailed to them.
Court staff, as a rule, cannot give legal advice.

Thanks for your help, Tony.

Hi TonyG.

Employment law isn't my usual scene, but whilst waiting for [MENTION=26290]mariefab[/MENTION], the above might help. (It's only my take on the situation, though!)

[TonyG]

Re: Urgent help required - RE asking for reconsideration of judgement

Thanks for your reply. My message came across a bit wrong. I don't want legal advice from court staff, just advice on filling out the form to make sure I filled out the correct parts and put the right reference numbers in the right places. They can send the from back if its not done correctly so thought if I was actually there and I had made a mistake on it, then I could correct it right away.

Think the best thing to do is as you suggested, ask the et, which I will do first thing Monday morning. Im just trying to claw back some time and have it all ready then if my solicitor has to send it I will visit them and hand everything over ready to send rather than risk them faffing about and missing the deadline.

[Openlaw15]

Re: Urgent help required - RE asking for reconsideration of judgement

Hi. I have just days left before the time limit runs out to request reconsideration of et judgement. I have lost all faith in my solicitor as I am still waiting for them to pass on the written reasons for the judgement so I can apply. The solicitor who was dealing with my case has gone on holiday and not informed anyone else of the issue or deadline so I now have to do everything myself.

I have given up waiting for a copy of the written reasons so have written my request in a word document, using what I can remember of the judgement, but don't know if there is an official application form that must be used or where to get one from. Can anyone clarify this?

I have a fees remission form which is the same one used for the tribunal, but don't know if this is the same one I need for an application to reconsider. Can anyone tell me if it is or not. If not, then how do I get hold of the right one?

Does the application to reconsider have to come from the solicitors that represented me or can I apply myself?

Can I bring the application in person to the court for them to check there and then, in case ive made any mistakes on it, or must it be posted / emailed to them.

Thanks for your help, Tony.

Hi Tony

Call the court and ask them which form to use. Is it a defence or counter defence? I am not sure whether you can do this yourself as well as having your solicitor representing you. You may have to remove your solicitor before you can do it yourself. Call the court it's what they're there for. As the case is on-going, it may be an interim application than having to pay for more expensive forms. Tribunals now have fees except if you're eligible for fee remission. Courts are a different creature they're not free at all. Is this a case of wrongful dismissal rather than unfair dismissal, which the courts also deal with?

[TonyG]

Re: Urgent help required - RE asking for reconsideration of judgement

The tribunal has already taken place. I was the employee and lost. I now want the tribunal to reconsider their judgement, which is something that can be applied for before going to an appeal.

[Openlaw15]

Re: Urgent help required - RE asking for reconsideration of judgement

The tribunal has already taken place. I was the employee and lost. I now want the tribunal to reconsider their judgement, which is something that can be applied for before going to an appeal.

Tony, what were your facts and why do you think the Tribunal was wrong? Appeal to whom/ what, the Employment Appeal Tribunal?

[TonyG]

Re: Urgent help required - RE asking for reconsideration of judgement

Im not appealing yet. I am requesting that the tribunal judge himself reconsider his decision, which anyone can do within 14 days of the judgement.

The judge didn't take into account some important facts, the judge applied standards inconsistently and in favour of the employee. Unlike an appeal to the EAT, a reconsideration does not have to be on a point of law. The judge doesn't have to reconsider but I wont know if I don't try.

[charitynjw]

Re: Urgent help required - RE asking for reconsideration of judgement

Im not appealing yet. I am requesting that the tribunal judge himself reconsider his decision, which anyone can do within 14 days of the judgement.

The judge didn't take into account some important facts, the judge applied standards inconsistently and in favour of the employee. Unlike an appeal to the EAT, a reconsideration does not have to be on a point of law. The judge doesn't have to reconsider but I wont know if I don't try.

Are you therefore the employer?

How did you get fee remission?

[TonyG]

Re: Urgent help required - RE asking for reconsideration of judgement

My mistake for not reading my post proper before clicking the post button. I meant to say the judge applied standards inconsistently and in favour of the employer.

[Openlaw15]

Re: Urgent help required - RE asking for reconsideration of judgement

Im not appealing yet. I am requesting that the tribunal judge himself reconsider his decision, which anyone can do within 14 days of the judgement.

The judge didn't take into account some important facts, the judge applied standards inconsistently and in favour of the employee. Unlike an appeal to the EAT, a reconsideration does not have to be on a point of law. The judge doesn't have to reconsider but I wont know if I don't try.

Well, it depends on the employee's claim, ie was it unfair dismissal, wrongful dismissal, discrimination. The judge is only concerned with the nature of the claim being made by the employee and whether it is a genuine claim. The judge is not interested in the relationship in the work place or between the employer and employee unless it relates to the employee's case.

[TonyG]

Re: Urgent help required - RE asking for reconsideration of judgement

The et were very helpful today and put my mind at rest. A request to reconsider the judgment is just a letter; no official form is required. Make sure you put all reference numbers, date of hearing and Claimant / Respondent names on it. You use the same fee remission form as with the rest of the tribunal but, you don't need this form to request a reconsideration. You will only need the fee remission form if the judge agrees to reconsider the decision. The request should ideally come from the person who represented you but, if for some reason they are not available, you can make the request yourself but just put a brief note as to why it is coming from you and not your representative.

[TonyG]

Employment Tribunal observation

One thing I noticed at my employment tribunal was; witnesses for the employer agreed on everything and told the same story while being questioned one after the other. But, when a new piece of evidence was submitted while one witness was absent, the absent witness was question about it hours later and because he hadn't heard what the other witnesses had said, his story didn't match theirs. In fact his story supported my account.

Just shows they colluded with their stories.

[charitynjw]

Re: Employment Tribunal observation

One thing I noticed at my employment tribunal was; witnesses for the employer agreed on everything and told the same story while being questioned one after the other. But, when a new piece of evidence was submitted while one witness was absent, the absent witness was question about it hours later and because he hadn't heard what the other witnesses had said, his story didn't match theirs. In fact his story supported my account.

Just shows they colluded with their stories.

Hi TonyG

Probably best to keep it all on the same thread.

http://www.legalbeagles.info/forums/...ighlight=TonyG

Good morning, [MENTION=49370]Kati[/MENTION]

Any chance of moving this?

& maybe a cup of tea........2 sugars?


:scared:

:bolt:

[Kati]

Re: Employment Tribunal observation

Good morning, @Kati

Any chance of moving this?

done
[MENTION=84362]TonyG[/MENTION] ... it's sad that employers in this day and age feel the need to 'prompt' their witnesses to such an extent

& maybe a cup of tea........2 sugars?


:scared:

:bolt:

only 2?? are you sure you don't need sweetening up Charity??