Prelim ET Hearing (Closed) query

[Chadley]

Have Prelim Hearing in a few weeks. Received letter that says 'if you are able to agree a full list of legal and factual issues for the final hearing and send it to the Tribunal' with list of dates to avoid .. the PH may be conducted by phone.

Also have Agenda to complete which arrived a little while ago. So does the agreeing of legal and factual issues refer to the items in the Agenda? or something else? And as self-representing why is phone being considered as I thought that was only if have legal representation?

Please help me understand what this mean! many thanks

[Frustrated_Bloke]

Re: Prelim ET Hearing (Closed) query

As far as I am aware, the list of facts you have to provide is just a list of things that are not open for debate, i.e. you started work on this date, you were employed for this length of time, and other such things that you wouldn't argue about.

As far as a telephone preliminary hearing goes, I went through one of them and I was self represented as well, so I don't think it's only for people with solicitors.

Make sure you get the agenda back on time, is the only thing I would add.

[Chadley]

Re: Prelim ET Hearing (Closed) query

Thank you for your reply Frustrated_Bloke, I am still a little confused on the List of Issues as some seem to suggest doing it as questions and others say not to - may I ask how you did this?

[mariefab]

Re: Prelim ET Hearing (Closed) query

The agenda is a separate form that you need to complete.
It does have a little space for issues (section 4?) but that section of the agenda is really only good for very simple cases like an unpaid money claim.

As you've been asked for a full list of legal and factual issues, I guess your claim doesn't fall into that category.

It is usually best to do the list as questions.
Tell us a little about your claim and we can give you some examples.

[Chadley]

Re: Prelim ET Hearing (Closed) query

Thank you Mariefab for your reply. You are of course correct and my case is not a simple one. It starts with a Protected Act, which is out of time but is agreed by the other side and was a grievance etc at the time.

After that there was continued discrimination, harassment and victimisation by the company culminating in constructive dismissal.

I do understand what to do with the Agenda and roughly about the facts. But if a Fact or Issue is not listed does that stop it being considered by the Tribunal? I'm worried about missing out important parts while not wanting it to be a book!

Then the issues, if its a list of questions should each state the facts appropriate to the issue or is it two separate lists?

Thank you so much for your help

The agenda is a separate form that you need to complete.
It does have a little space for issues (section 4?) but that section of the agenda is really only good for very simple cases like an unpaid money claim.

As you've been asked for a full list of legal and factual issues, I guess your claim doesn't fall into that category.

It is usually best to do the list as questions.
Tell us a little about your claim and we can give you some examples.

[mariefab]

Re: Prelim ET Hearing (Closed) query

IMO, the best way to make a list of legal and factual issues is to do it in chronological order.
It's one list of both types of issue. Start at the beginning and number them.
You don't need to point out (or even know) what type of issue each one is, the Tribunal will know.
Don't miss out any issue that will help your case. If it's a book,sobeit.

Using a bit of your first paragraph, the first issue would not be the protected act/grievance. It would be would be whatever issue caused you to submit the grievance.

Here's an example scenario...
After years of problem free employment a chef, with known Rheumatoid Arthritis, asks his employer to provide an electric carving knife as the repetitive use of standard knife is causing increased levels of wrist swelling- the employer refuses - the chef submits a grievance about it.

Issues.
1. In response to a request for an electric knife on 01/08/16/did Mr X say, "Certainly not, no-one else has a problem with the carving knives. If you've got swelling take more of your pills."? (fact)

2. Was the grievance submitted about the knife on 08/08/16 a protected act? (legal)


1.

[mariefab]

Re: Prelim ET Hearing (Closed) query

Bear in mind that when the Tribunal talks of agreed facts and issues they don't mean things that both sides agree about. They mean every matter that the Tribunal needs to resolve, in one or the other side's favour, in order to determine the case.

The Tribunal likes documentary proof best, but there will be issues where none is available.
So, then they'll conduct their fact finding by listening to what both sides say and then deciding which side they believe. They won't say one side is lieing, they'll express it in terms of consistency, likelihood, reliability etc.
e.g. If in 1. above the employer says that there was no mention of swelling.

To answer your earlier question; if an agreed list of issues is produced the Tribunal will not want to consider unlisted issues at the hearing.
If you like, you could provide an overview of your case and we can help you to identify the relevant issues.

[Chadley]

Re: Prelim ET Hearing (Closed) query

Thank you so much, this gives me what I needed in order to know how to do this.

IMO, the best way to make a list of legal and factual issues is to do it in chronological order.
It's one list of both types of issue. Start at the beginning and number them.
You don't need to point out (or even know) what type of issue each one is, the Tribunal will know.
Don't miss out any issue that will help your case. If it's a book,sobeit.

Using a bit of your first paragraph, the first issue would not be the protected act/grievance. It would be would be whatever issue caused you to submit the grievance.

Here's an example scenario...
After years of problem free employment a chef, with known Rheumatoid Arthritis, asks his employer to provide an electric carving knife as the repetitive use of standard knife is causing increased levels of wrist swelling- the employer refuses - the chef submits a grievance about it.

Issues.
1. In response to a request for an electric knife on 01/08/16/did Mr X say, "Certainly not, no-one else has a problem with the carving knives. If you've got swelling take more of your pills."? (fact)

2. Was the grievance submitted about the knife on 08/08/16 a protected act? (legal)


1.