Employment Tribunal advice - self-representation? Help please!

SarEl

touchstone wrote: »

so I'm now just working through it and sorting out my own witness statement, with a view to asking the tribunal to call some people who wouldn't/couldn't otherwise stand as witnesses.

Be cautious in doing this. People often get employment tribunals mixed up with court room dramas. If you force someone to give evidence, you have no idea how unco-operative they may be, or they may outright lie about things. It is a very dangerous strategy. That isn't to say you shouldn't do it - but this provision is used less often than you would think for this very reason. I would personally only ever ask the tribunal to order a witness to appear if I already know exactly what they will say, and the only reason for the order is to give them the line "I have to go, I've been ordered to go". If they give "the wronf evidence" on the stand becasue they don't want to be there, or fear the consequences of being there, they could easily do more damage than good to your case.

touchstone

Thanks for the advice, SarEl - fortunately, we settled just before witness statements were due to be exchanged!

touchstone

Not sure that my first post editing worked (I'm rubbish with it!), so here's what I put in there:

Hello, just wanted to let those of you who have been so kind during my battle with my ex-employer know that we settled before the tribunal. :beer: I'm absolutely delighted, and feel very proud to have successfully taken on a huge international law firm without a law degree!

Thanks especially to WeakHeart, who recommended a brilliant book to me. Without that and a couple of lawyer friends reading over letters and e-mails that I wrote and received, I'd have been helpless.

I'd really like to make this an example for people who are struggling in a similar situation: I nearly gave up so many times, but I'm so glad I didn't. Keep going, and come on here for support. It's so worth it when you succeed.

Thanks everyone - you're all brilliant! :T

Googlewhacker

Congrats, as a % will you tell us how much of what you were asking for you settled for please?

WeakHeart

touchstone wrote: »

I'm absolutely delighted, and feel very proud to have successfully taken on a huge international law firm without a law degree!

Well done Touchstone!

touchstone wrote: »

I nearly gave up so many times, but I'm so glad I didn't. Keep going, and come on here for support. It's so worth it when you succeed.

It's not easy and it's not for everyone but I'm really pleased that it worked for you.

touchstone

Thanks WeakHeart - like I say, I couldn't have done it without that book you recommended. And no, it isn't for everyone, but I learnt an awful lot along the way about how tribunals work and how large employers tend to react to a claim, and I suspect many people are scared off at the first suggestion of a robust defence. Even though I knew I had a case, there were times when I didn't think I had the time or money to throw at it, so there was lots of teeth-gritting. Thanks though - I'm so pleased to have 'won'.

Googlewhacker - I got 100% of the figure I claimed in my ET1!

Googlewhacker

touchstone wrote: »

Thanks WeakHeart - like I say, I couldn't have done it without that book you recommended. And no, it isn't for everyone, but I learnt an awful lot along the way about how tribunals work and how large employers tend to react to a claim, and I suspect many people are scared off at the first suggestion of a robust defence. Even though I knew I had a case, there were times when I didn't think I had the time or money to throw at it, so there was lots of teeth-gritting. Thanks though - I'm so pleased to have 'won'.

Googlewhacker - I got 100% of the figure I claimed in my ET1!

That is outstanding, I was expecting you to say 40%ish. I would expect then it is down to either 1) they had absolutely no chance in defending their actions, 2) what you asked for was palatable or both.

Excellant result again for you!

touchstone

Googlewhacker wrote: »

That is outstanding, I was expecting you to say 40%ish. I would expect then it is down to either 1) they had absolutely no chance in defending their actions, 2) what you asked for was palatable or both.

Excellant result again for you!

I think it was a combination of those two options, plus the relatively small fry nature of my claim in comparison to others that have crossed their desk. I was quite terrier-with-a-rat about it, and it paid off!

Terrified

Hi, I attended the pre-hearing at the employment tribunal yesterday. My ex-employer recruited a famous legal firm to represent them. My case is about unfair dismissal and discrimination. The prehearing was to determine whether I have a case as the employment tribunal received my ET1 one day later than the statutory 3 months deadline. So, my ex-employer have got their legal firm to disput this. Whereas I represented myself at the pre-hearing, I felt initimated by my ex-employer's lawyer as obviously they speak the legal language and I don't. I had a very valid reason why the documents received by the tribunal was one day late. I tried to submit it online but it would not work and so I called the tribunal over the phone and they mentioned to keep trying as there might be some technical faults. So, I tried over the next few days. However, when I knew the deadline was fast approaching, I decided to just mail it out two days before the end of the 3 months deadline. The tribunal unforunately received it one day after the 3 months deadline. Now my ex-employer's legal firm has asked me to present evidence as to why I failed in submitting the claim within the 3 months and because I had written down some notes on my notepad showing the phone number of the tribunal and some scribbed information that I had called, my ex-employer's legal firm has asked me to show them the original of my note pad which is completely fine with me. However, I don't know what other tricks they will bring out so as to ensure the tribunal rejects my ET1. I was extremely nervous at the prehearing. I have never been to one before, never knew how it works and never knew how it is processed. I felt without having a legal representative, I was weak at the prehearing. I cannot afford a lawyer and talking to a legal contact who advised me, that although the tribunal accepted my ET1, because my ex-employer's legal firm is rejecting that due to being 1 day late, that the tribunal could reject the entire ET1 claim that I have raised. What will happen next? I am so terrified and it shows me that my ex-employers who can afford expensive legal firms are well represented and have a sure win whereas I, who cannot afford a legal firm and decides to represent myself, am terrified and nervous and will surely loose. What should I do?

Jarndyce

Please a) start a new thread :mad: and b) use paragraphs!!:)