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Employment Tribunal ?
crazy_guy
Posts: 823 Forumite
Hi Guys!
Though i don't want to go into detail into my claim against my ex-employer (the unlikely chance they may read this site) i thought i'd ask a general question of what people's experiences of employment tribunals have been when representing themselves.
I'm a law grad and work in a legal field and am confident on the strength of my case but i am just wondering about people's experiences of the employment tribunal as the 28 days notice period for the employer to respond will be fast running out
Thanks in advance
Though i don't want to go into detail into my claim against my ex-employer (the unlikely chance they may read this site) i thought i'd ask a general question of what people's experiences of employment tribunals have been when representing themselves.
I'm a law grad and work in a legal field and am confident on the strength of my case but i am just wondering about people's experiences of the employment tribunal as the 28 days notice period for the employer to respond will be fast running out
Thanks in advance
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Comments
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I haven't represented myself but been involved in a few from the employer's side. I did some work on my dad's. but that settled outside the tribunal (the vast majority do, it simply isn't usually worth the employers' time) I've worked with three companies now involved in tribunals, and apart from a dishonesty case, we always settled, even though we knew we were right (or suppose I should say thought!) it wasn't worth involving colleagues and line managers. We would normally wait until very close to deadline though so that may be what your employer is doing.
Depends largely on your case, but the process is straightforward. I use ACAS more than I've used lawyers - don't take it personally but I find that ACAS know their stuff but lawyers often conflict on their advice (same lawyer, different times!)
If you are well prepared, you should be able to manage it yourself, The ET process was originally meant to be simple enough not to need formal legal representation, although it hasn't developed that way.
My dad's case was straightforward so that was easy.
Good luck!0 -
I have attended several tribunals in differing capacities. My first visit was perhaps the most memorable, it was a 5 day hearing which was extremely acrimonious. The respondent was a unitary authority who was represented by a lawyer and assistant, the claimant presented his own case supported by his sister taking notes. The chap presented his case articulately and passionately, at times making the lawyer look inept and disorganised. I was extremely impressed with the quality and delivery of the claimants testament.
When the judgement arrived i was surprised to learn that the tribunal ruled in favour of the ex-employer also awarding considerable costs in favour of the respondent.....who was by this point living on benefits.
I don't wish to divulge the rationale behind the judgement (as it may identify the individual involved) however it may be prudent to seek the opinion of someone independent before committing to presenting you case.
Good luck.Don’t be a can’t, be a can.0 -
That's strange cos in Employment Tribunals each side normally pays their own costs, whoever wins0
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Research further...
"In certain circumstances, the tribunal may order one side to pay costs to the other".
http://www.employmenttribunals.gov.uk/the_hearing.aspDon’t be a can’t, be a can.0 -
No need for research cos I did say "normally".
Anyway, it is not important.0 -
You also stated "thats strange" which implied to me that you doubted.
My response was simply to clear any ambiguity.Don’t be a can’t, be a can.0 -
Yes, strange, as in that is not the norm. Which it isn't.0
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OK lets not bicker and pick holes, people are offering advice so I don't think it's helping the OP get dragged into a debate or question their experiences.
The only advice I would give is to know your facts, dates, times and decisions back to front. The vast majority of ET's are settled on simply whether procedures have been followed or not, so your biggest defence (or attack) will be if your employers haven't stuck to deadlines or procedures.
Irrespective of whether an ET feels sorry for how an individual has been treated or made to feel, if the employer has done everything by the book, they have to rule in their favour, so while it's important you make it clear what the impact on your life / health / family life has been you should try and stay clear and level headed and stick to the facts.
I've been to a few but not paticipated in any directly and they haven't been as intimidating as you would imagine. They will make sure you get your opportunity to speak and set out your case uninterrupted.
Good luck x0 -
Hi toots , my friend's employer's issued new contract;s ,but in the new contract , stated that she would be working every sunday, she and her husband only have that day free to be a family .So she refused to agree to the new contract .the employer has now sacked her .Now with the help of a solicitor ,she is putting a claim in to a tribunal .She say,s that no amount of money will compansate for how she has been treated .she want,s her day in court . No amount of money can undo the shame of being sacked When all she was asking for is a day that the family can all be togther ,with her dying mother .0
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Hi toots , my friend's employer's issued new contract;s ,but in the new contract , stated that she would be working every sunday, she and her husband only have that day free to be a family .So she refused to agree to the new contract .the employer has now sacked her .Now with the help of a solicitor ,she is putting a claim in to a tribunal .She say,s that no amount of money will compansate for how she has been treated .she want,s her day in court . No amount of money can undo the shame of being sacked When all she was asking for is a day that the family can all be togther ,with her dying mother .
Tell your friend it isn't difficult to go through this process. You just have to stick to the deadlines. If they want their day in court they just have to make sure they don't agree to any out of court settlement put forward through ACAS by the former employer. Let the Tribunal chairman decide on the facts.
I kind of wish I had done this but I had so much other stuff going on at the same time.
One other thing I thought of and that is that you have to make sure all the detail of the complaint is in the claim and documentation pack that will be put together by both sides beforehand so make sure nothing important is omitted. I don't think you can raise points in the tribunal that are new that you forgot to put in originally.
It
Tell your friend "Good luck" from me.I'll never be a Money Saving Expert while my kids are Mony Spending Experts.0
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