Employment Tribunal ... what are my chances ?

zzzLazyDaisy

greendollar wrote: »

they still insisted that they would be going for costs (£10'000) even though they knew I was unemployed stating that they would obtain an order to deduct the money from my benefits .

1. With this history no tribunal judge is going to order costs against you. Full stop. End of story.

2. Even if costs were to be ordered (which they won't be - from what you say, the criteria for ordering costs against you has not been met) the tribunal don't have the power to make an order that the money be deducted from your benefits, in any event.

They are just trying to intimidate you. Hopefully the Simms v Mckee letter will make them think twice before they try any more bully boy tactics.

Keep us informed.

Regards

Daisy

PS - in a strange way it is a good sign that the tribunal judge postponed the hearing - he could have passed it to one of the other judges to deal with in his absence, but it looks like he wants to keep control of the case himself.

greendollar

UPDATE .

The case management phone conference has now been re-scheduled for the 1st week in July .
All quiet , zero correspondance from my ex-employers solicitors since the last round of threats .

joanne_d_3

Hi , apologies firstly as i dont wish to hijack Greendollars thread BUT i notice that there are lots of wise people who have been advising him in this thread and just wondered if maybe you wouldnt mind answering a quick question?




Has anyone any experience they could share ?

SarEl

Second CMD's are not all that unusual. Assuming that your contact with the solicitor is warranted, it may well be to resolve the lack of communication and to order the information you have requested. CMD's are simply a way of resolving problems before the case starts so that nothing holds up the case. I wouldn't worry. The biggest thing to worry about is whether you have a case worth a tribunals time, and if you didn't, the judge would have let you know discreetly, but in very clear terms, at the first CMD.

joanne_d_3

SarEl wrote: »

Second CMD's are not all that unusual. Assuming that your contact with the solicitor is warranted, it may well be to resolve the lack of communication and to order the information you have requested. CMD's are simply a way of resolving problems before the case starts so that nothing holds up the case. I wouldn't worry. The biggest thing to worry about is whether you have a case worth a tribunals time, and if you didn't, the judge would have let you know discreetly, but in very clear terms, at the first CMD.

Hi and thank you for taking the time to reply.

Once again , thanks.

greendollar

UPDATE

Hi everyone , case management phone conference next week , have spoken to my rep who has shed some light on why my case has taken the course it has ....... at the tribunal , when the 2 sides were trying to sort the bundle out due to their non- compliance of an order , the regional manager (witness for them ) stated that " we are not going to back down , we are determined to make an example of Greendollar to deter other employees from even thinking of taking us to a Tribunal "

It all makes sense now , they are not interested in my unfair dismissal , as I see it they are abusing the Tribunal process and making my life a misery for their own ends .....they seem to think that the tribunal are going to award them their £10,000 to £15,000 costs and no other employee will ever dare to take them on again. What they don't understand is their constant stalling and threats just make me even determined to fight on .

Googlewhacker

It's not uncommon, look at Ambers thread where they fought on regardless and effectively have come away with a win, made tribunals look like hard work for employees and with no reward at the end.

Even if they lose this it may prevent other employees from taking them on.

greendollar

Yes Googlewhacker I have read through Ambers thread and other similar experiences that employees have had to endure whilst going through the Tribunal process .

I'm sure that many people would feel its not worth the bother reading some of these stories , I myself doubt very much that I would have continued if I had not had the support from my union . Saying that I'm glad that the company that sacked me aren't enjoying the fact that they have had to spend an enormous amount of time and money over the last 2 years trying to get me to drop my claim . They will also not look forward to their conduct being laid bare at the Tribunal as they are multi-national company employing thousands .
Instead of dealing with my perfectly valid claim for unfair dismissal they have decided to turn this into a much bigger issue and could fall flat on their faces as a result . Time will tell .

greendollar

CM UPDATE later today

greendollar

Hi all ,

Well it seems that my ex-employers went away with another flea in their ear after the case management phone conference .
They wanted an order for costs to be made .....REQUEST DENIED
They wanted a deposit put down ...................REQUEST DENIED
They wanted the amended roster thrown out ...REQUEST DENIED

The judge warned them about their conduct to date was not satisfactory .
My rep got a rollicking for not responding to some of their correspondance but pointed out that he'd never received it.
He was also surprised their solicitor never challenged him when he brought up the regional managers comments at the last tribunal ..... " we are not going to back down , we are going to make an example of Greendollar "

So they haven't got anything they asked for but seem determined to press on .

I will be busy though as I have been ordered to supply every job application made over the last 2 years .
Write out ALL income , JSA , CTC , HB , CTB ....parttime income and make a new schedule of loss and another witness statement .