Employment Tribunal advice - self-representation? Help please!

Terrified

Thanks. How do I post a new thread?

June221961

Hi All,

I have been reading your threads esp. 'touchstone' on self representation and completing ET1 forms which I will be looking to do very soon as I have only until (I think) 25th July to put my case forward. Before I do, I am unsure whether I have a case or not. I saw a solicitor today and was charged £120 simply for them to tell me that the value of my claim is too low for them to take on my case and that I can self represent, otherwise they'd charge me £750 to read my entire case which took me a month to compile in preparation. I feel I have been unfairly treated as a fixed term employee. The company that employed me was taken over by a bigger company and my original manager left as a result. My new manager bullied and harassed me and then I was dismissed within a day and without warning. They are trying to make it a performance related issue. I was on a one year fixed term contract and was dismissed approx two and a half months early just before my contract was due to end, meaning I'd have served less than a year. I was given one months notice from 25th April, but was told that they would see me as no longer an employee on 31st May. I was told that I would not need to work my notice and incorporated my accrued holiday of 10.5 days within this to which I disputed. However, I just received my months final pay without holiday pay and without the extra 6 days to cover from 25th May-31st May when I was to be seen as no longer an employee. I will check out the book that weakheart and touchstone have suggested, but just wondered whether I'd have a case considering I've worked less than a year? I have spoken to another solicitor and they believe I could have a case under transfer of undertakings and less favorable treatment as fixed term temporary worker. I called the ACAS advice line and simply got lectured to and was told its best I speak to a solicitor. I also wrote an appeal letter to my employer and they simply upheld their decision, but did not really address my appeal. You mention that I approach my home insurance. I have legal cover, but what do I actually ask them and will this count as me making a claim. Lots of questions I know, but any advice, support or directing me to sources of further info or people who can help would be so appreciated. Thank you for taking the time to read my post, I am seriously depressed and this has affected my ability at performing in job interviews etc :{

Mashita

Hello,

I wonder if you could give me some advice.

I submitted an ET1 for race discrimination through harassment.
My ex-employer dismissed me stating poor performance, after I was raising my complaints for the bad treatment and the justification of that treatment for racial superiority of the person that was harassing me.

I will represent my self, apparently it's very difficult to show the evidence. I have a few emails of my complaint. basically that is all I have.

but I was reading somewhere that I can ask information as for example the emails that it's most of the proof I can have for the unequal treatment received.

On the other hand I also read about data protection rights, that I can ask information of my details, and this include the reports the have done about me in regards of performance the monitoring they have done about me.

Apparently that book was of great help. I am going to buy it.

I will appreaciate so much any advice or comment you would like to express. Many thanks

WeakHeart wrote: »

Sorry to hear about your situation.

Do you have any insurance policies that offer a legal helpline? May seem obvious but it often gets forgotten. Gives you access to lawyers. Even better if you have contents insurance and took out legal expenses cover as you could make a claim for representation and costs. Be aware it takes a while for an insurance claim to go through and your case to be assessed before representation is agreed so you would probably be completing your ET1 yourself.

Some solicitors offer free half hour consultations have you tried this?

Have you checked the other threads about tribunals? I'm sure that I've read one recently where someone was represented by CAB who may be able to give some help. If I find the thread I'll pm you.

Meantime because you don't have long to make your claim I really recommend that you also start to focus on getting the ET1 completed as it can take a while. At least be familiar with the form and what is needed and start to prepare a draft. You can complete and submit the ET1 online but cannot attach additional sheets so you have less time left if you would prefer to complete a hard copy and send it and any attachments by post. You can't afford to miss that deadline so make this a priority.

Whilst some cases may be 100% many are not so don't be overly concerned about that at this stage. I'm assuming ACAS felt that there was potentially a case to answer which should give you some confidence. Many people represent themselves but at least it sounds like you have a good network of contacts to provide support if needed too which is great.

Excellent book available 'Employment Tribunals, Tactics and Precedents' which is a guide for new lawyers and those choosing to represent themselves. Listed on Amazon.

Hope that this helps a little.

KiKi

Mashita wrote: »

Hello,

I wonder if you could give me some advice.

I submitted an ET1 for race discrimination through harassment.
My ex-employer dismissed me stating poor performance, after I was raising my complaints for the bad treatment and the justification of that treatment for racial superiority of the person that was harassing me.

I will represent my self, apparently it's very difficult to show the evidence. I have a few emails of my complaint. basically that is all I have.

but I was reading somewhere that I can ask information as for example the emails that it's most of the proof I can have for the unequal treatment received.

On the other hand I also read about data protection rights, that I can ask information of my details, and this include the reports the have done about me in regards of performance the monitoring they have done about me.

Apparently that book was of great help. I am going to buy it.

I will appreaciate so much any advice or comment you would like to express. Many thanks

You've been given advice in the other thread that you started by several people, it's probably better to keep to one thread so that everyone can see what you're posting.

KiKi

g0liath

touchstone wrote: »

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

---

I am taking on a giant who thinks it’s OK to dispose of staff at their whim. It’s not about the money and I am doing this without representation as I cannot afford the ridiculous fees quoted to be properly represented.

I want justice and my voice heard. If I win, I will maximise the collateral damage (negative publicity) to the Company and this will hurt them more that any monetary payment as they pride themselves on their image. It was a fantastic place to work but when they want rid of you, the wrath of the management and HR are a force to be reconciled.

I have studied and learned the process and the legal arguments as much as I can. I spend up to 4 hours at a time (Most nights) researching each stage that I am preparing for.

I am at the Bundle preparation stage and I am waiting for the respondents rep to send me my bundle containing my documents. It is very Hard work but principal is driving me as I know I am innocent of the racism accusations levied against me. Anyone who has done this on their own could advise me what to expect. The local CAB at Swadlincote are phenomenal! I have so much support from these people. I will return as a volunteer when I am done as they are a worthy organisation. My trial date is set for 12th Feb 2014 and I will see this to the end. I have to pay the £950.00 fee on the 14th Jan and my family have helped me with the cost so far as I am broke. I earned too much for remission which is not an easy process to navigate at the best of times. Any written help is appreciated.

lemonpopsicle

Hi,you need to start a new thread with what you have written above, it will then be seen by more people.