Help with preparing for tribunal hearing

traz39

because of wrong dates yes cant believe it either there was back in april 2 dates given 1st and 5th of july but confirmed 1st july on the 26th april so had plenty of time

greendollar

Good luck , all I can offer is what I've been going through .

When my ex-employer asked the Tribunal to order me to disclose all my income and assets , also all jobs , dates and names of all the firms that I had applied for since my dismissal the Tribunal refused the request stating that the request was intrusive and that as I was claiming JSA it was enough to show them I was mitigating my losses .

joanne_d_3

greendollar wrote: »

And the Tribunal judge granted a postponement because they had their dates wrong ?
I'm also going through the Tribunal process myself , the way Tribunals allow employers to abuse the process is quite staggering . The Tribunals state that they aim to resolve cases within 26 weeks ... haha , what a joke , 2 bloody years I've been waiting because of my ex-employers excuses and failing to comply with orders .
As for your husband income , all I can tell you is what I have done and that is declare my JSA .
Tax credits are for you and your children and not part of your husbands income . The tribunal will not take them into account so they do not require that information .

Greendoller , i have been following your post closely lol.

I think what you have said is so bloody true !

SarEl

joanne_d wrote: »

Greendoller , i have been following your post closely lol.

I think what you have said is so bloody true !

No matter what anyone says....the tribunal offices are more in favour of the Respondent .

In my case , theire solicitor is getting away with murder!

Will it make me give up ? No way , its just making me more dettermined to see this through!

I am sorry but I do disagree. The Tribunals Office does not favour respondants - it is the rules (which they do not write) which do. If either party ask for a postponement, and give good cause (which is very widely interpreted) then the tribunal must permit a postponement. If the tribunal does not, then they are immediately opening up a right of appeal to the EAT - which takes even longer and which is in the interests of nobody. I agree that it can be frustrating, and that it is open to abuse (by either side) but the fact is that it is impossible for the Tribunal to ascertain that the request is a lie - how could they do that? Or more to the point, if they refused and then the matter ended up at EAT (which it probably would) - how would you prove it? Because that is what you would have to do.

greendollar

Hi SarEl ,

I agree , the Tribunal have to give both parties a bit of lee-way but in my case its bordering on farcial . The Tribunal must see these sort of tactics day in day out and let these firms get away with stalling/non compliance with orders so that the respondants,due to their conduct, then have no right to appeal if they lose.
In my case the judge was absolutely livid with my ex-employers conduct but still allowed them a further 3 months to get their act together.
They have made it quite clear to us that they are only doing this to deter other employees from thinking of going down the Tribunal path ........... 2 years of nothing but threats of costs and absolutely no attempts at resolving my complaint . The sad thing is that it will most probably work wether I win or lose and other employees will not want a long drawn out fight to get justice and be compensated for unfairly losing their jobs , livelyhood and the stress and financial worry losing your job brings to people and their families . There are very serious consequences the stigma of being sacked for gross misconduct brings , especially when trying to secure another job . Employers should face serious penalties for unfairly dismissing people, not be allowed to make a mockery of the Tribunal system.

SarEl

greendollar wrote: »

Hi SarEl ,

I agree , the Tribunal have to give both parties a bit of lee-way but in my case its bordering on farcial . The Tribunal must see these sort of tactics day in day out and let these firms get away with stalling/non compliance with orders so that the respondants,due to their conduct, then have no right to appeal if they lose.
In my case the judge was absolutely livid with my ex-employers conduct but still allowed them a further 3 months to get their act together.
They have made it quite clear to us that they are only doing this to deter other employees from thinking of going down the Tribunal path ........... 2 years of nothing but threats of costs and absolutely no attempts at resolving my complaint . The sad thing is that it will most probably work wether I win or lose and other employees will not want a long drawn out fight to get justice and be compensated for unfairly losing their jobs , livelyhood and the stress and financial worry losing your job brings to people and their families . There are very serious consequences the stigma of being sacked for gross misconduct brings , especially when trying to secure another job . Employers should face serious penalties for unfairly dismissing people, not be allowed to make a mockery of the Tribunal system.

I do not disagree. And the problem is that I think most tribunal judges would also agree. But this is the rules they have to work with. Judges are often incensed by what they see - but they have no authority whatsoever to change the rules (although I know for a fact that it can certainly influence their judgement - where they have some "leeway" as you call it, they will often lean heavily against the party annoying them). But the rules can only be changed through legislation or statutory guidance (as appropriate) - in other words it is Parliament that need to inititiate the changes. And to put not too fine a point on it - there are an awful lot of employers in Parliament.

greendollar

Hi Joanne ,

As you were so close to the Tribunal I take it that all the paperwork (bundle) has been sorted out ?
In your Schedule of Loss did you include all your husbands income including any tax credits / housing benefit ?
All thats really needs to be included is how much JSA he has been paid as another other payments (tax credits ,etc) , as far as I'm aware ,should have no bearing on the case .
If the respondance solicitors request any other information regarding your assets /income tell them to jog on , its none of their business .

joanne_d_3

greendollar wrote: »

Hi Joanne ,

As you were so close to the Tribunal I take it that all the paperwork (bundle) has been sorted out ?
In your Schedule of Loss did you include all your husbands income including any tax credits / housing benefit ?
All thats really needs to be included is how much JSA he has been paid as another other payments (tax credits ,etc) , as far as I'm aware ,should have no bearing on the case .
If the respondance solicitors request any other information regarding your assets /income tell them to jog on , its none of their business .

Hi Greendoller.

As musch as i would love to tell them to "jog on" its not possible !
Sham !

greendollar

If you didn't laugh you'd cry , and I thought I'd had it bad . Of course all judges deal with each case on its own merits but try to keep your chin up ..... 2 weeks ? crikey . If its any comfort perhaps the judge is giving them enough rope to hang themselves . Unfortunately Tribunals aren't about the little man having his say any more ....solicitors seem to have taken over and trying to get justice for yourself are a thing of the past . Without expert help the employee has little chance of success at tribunal as the are snowed under with legal arguments . Don't let that stop you though , I take comfort in the fact that my ex-employer has supposedly spent a small fortune trying to defend my claim .

Googlewhacker

joanne_d wrote: »

Greendoller , i have been following your post closely lol.

I think what you have said is so bloody true !

No matter what anyone says....the tribunal offices are more in favour of the Respondent .

In my case , theire solicitor is getting away with murder!

Will it make me give up ? No way , its just making me more dettermined to see this through!

Like in any court you are innocent until proven guilty and in any court a defendant can ask for a postponement under the right conditions.

Yes Employers abuse it but it doesn't make the tribunal offices in their favour.