Moorron
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 posted on 6/10/10 at 07:40 PM |
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Legal help
Hi guys i need some help from anyone who has been to a work Tribunal before.
Im set to go to court this monday for a claim of unfair dismissal against my old company regarding redundancy, im feeling good about it as my view of
events ties up with THEIR paperwork and so on. But i feel annoyed at my/thier solicitors now and need some help.
Basically the judge has set out dates for paperwork and statements to be swapped. This is a judge ruling and as far as the official letter says is any
party that cant meet these dates needs to contact the tribunal and give a reason, however monday this week "no more than 7 days before"
everything should have been send to the offices of the tribunal.
All my paperwork has been done within 24 hours of my solicitor asking me to do so, yet the other party hasnt even swapped statements yet and i have
been asked to take all paperwork with me next monday in a box on the day as there is no time to send it off to the admin office.
So where do i stand, i thought that if they defaulted on the "judge order for dates" i win by default? im worried it will now harm my case
because of this mess
Anyone?
Sorry about my spelling, im an engineer and only work in numbers.
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steve m
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| posted on 6/10/10 at 08:05 PM |
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Sorry i cant help, but good luck!!
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Confused but excited.
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| posted on 6/10/10 at 08:11 PM |
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I don't know if you will win by default but the judge will be pissed at the other side's brief.
In civil cases all evidence has to be sent for the judges perusal and swapped between solicitors, prior to the case date. the beak does not appreciate
'suprise' evidence. Unlike a criminal case where you can suprise the poo out of each other.
It may cause a postponement or the beak may well find for you, if he's hacked off enough.
Good luck anyway.
Tell them about the bent treacle edges!
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Theshed
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| posted on 6/10/10 at 08:30 PM |
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I am sorry to say that you will not win "by default" just because the other party is late complying with directions. You can ask for an
"unless order" which if breached would have that effect but it is quite late in the day.
It is very common for these procedural orders to be breached - usually by booth parties - it is fair to say that it does wee off the tribunal but
ultimately they decide the case on its merits.
I would make sure that you comply with all of the directions - if they cannot exchange statements send yours to the tribunal to show that you were
ready willing and able.
If your employers cock ups cause an adjournment then you can ask for your costs.
I hope that helps.
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perksy
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| posted on 6/10/10 at 08:48 PM |
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Have a bit of experience of industrial tribunals
What they are doing won't put them in a good light with the tribunal chair
Your solicitor should make representation on this fact to the tribunal
Be well prepared on the day
Dress Smartly and look professional
Keep your cool, it can get emotive
Be aware it isn't a court of law as such and you might think its going really well and then lose the case on a technicality
Sorry, but that's what can happen
The other side *might* just say that they were wrong in what they did to you and then the tribunal may reserve a decision and give a period of time
for both sides to reach a deal before it gets involved
Be aware that folk who have given evidence at tribunal can tell 'porky pies' to cover their own arses
Also The other sides 'witnesses' will no doubt be having some 'coaching' before the day
Alot of the time the other side will make an offer outside of the tribunal
Not sure if this has happened to you or not though ?
Wish you the Best of Luck
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Ninehigh
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| posted on 6/10/10 at 08:50 PM |
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I was told by the ETS that very few employers actually make you go to tribunal and settle beforehand. However if it's monday expect them to turn
up.
If you do what you've been asked and follow all the procedures etc they look more favourably on you especially if the other side haven't
bothered.
Again this is what I've been told, last time I went through this they just settled...
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Moorron
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| posted on 6/10/10 at 10:06 PM |
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cheers,
its cost me my redundancy (12 years worth under 4K) to pay for this, they have lied, not send me letters and so on. Im angry as now they are using a
job description to back them up which i have been asking for over the last 12 years working there! send me a letter with my redundancy late and said
if i pay it in i agree to drop the appeal! as far as im concerned if i won all what i am asking for i think they are getting off lightly. But that
life and its tought me a lesson to not trust anyone, never to dedicate myself to any employer and to just 'not bother' anymore!
They will not settle, my old boss is the always correct kind and doesnt care if he has to pay £££ as its his company and only cares if i win (like in
control or something).
Im cool, am very honest and have many points for my barrister to bring up. Looking forward to it as never been to court before.
Sorry about my spelling, im an engineer and only work in numbers.
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gottabedone
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| posted on 7/10/10 at 05:43 AM |
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Have they presented all of their evidence or is this lack a providing you it leading to an ambush. It's not a court of law but you will still
brick yourself
good luck
Steve
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woodster
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| posted on 7/10/10 at 12:59 PM |
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court cases are poo, my only advice is if they offer to pay up take it and walk away .... if the boss is as much of a knob as you say then one day
he'll get whats coming to him 
p.s good luck
[Edited on 7/10/10 by woodster]
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Ninehigh
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| posted on 7/10/10 at 08:05 PM |
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Don't want to stir it up but the only way he'll get what's coming to him is by someone giving it to him.
Their main argument against me was that I broke the terms of my contract (which I had been asking for for about 75% of the length of my employment)
and how can they hold me to something they won't let me see.
If they're witholding information from you then a) they really shouldn't be able to use it against you (not legally but morally) and b)
there's only so long you can ask for it before you give up
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