Employment tribunal - how much to claim???

fabio11

Thanks a lot Benji,
I want to make claim but as you might have seen in my thread 'complaint against former emplyer', i am afraid of counter-accusation by my emplyer but I have to make a decision, count figures and make a chronlogy of events and submit before Friday 11.
What figure you will suggest for this OP to claim in ET1 form?
Also can I submit any missing accusation evidence and further documents upon hearing?
Thanks

zzzLazyDaisy

Jenx wrote: »

..
I am currently completing a claim for constructive dismissal due to bullying and harrasment, I wont go into the details, but I left on 16th Nov

OP the cut off date for your claim to the tribunal is 15th Feb, however ideally you should try to get it in before then (just in case something goes astray). If you miss the deadline by only one day your claim will be thrown out (barring very exceptional circumstances). Either way, do post it by special delivery and do phone the next day to make sure it has been received and take the person's name.

As others have said, CD is one of the most difficult cases to win. Do check your house insurance and see if you can get legal representation, but don't wait to send your claim in (missing the deadline because you are waiting to hear about legal representation is not an acceptable reason).

As far as calculating your losses is concerned, don't worry about that at the moment. Once you have lodged your claim, and it is in the tribunal system, you will receive directions from the tribunal, one of which will be for you to provide a schedule of loss. At that point come back and we will help you with this.

One step at a time...

123benji123

HI Fabio

I was in fact reading your thread. It seems you have opinions from a few people, some totally wrong and some partially wrong.

I can’t tell you what to do. What you must understand about employment law is that it is very simple. If it fits the way its written in the books, then it works. What judges award, is entirely based on what side of the bed the got out of that morning and how good your representative is.

Some companies will work on a fee basis upfront. Some as you mentioned in your previous thread, work on the final claim. None of these people help you for you – they help you for them. So, in your previous thread, you mentioned that the no win no fee ones were looking at various types of dismissals, bullying etc.. this is because they are looking at getting you a good payout. If it was a poor payout, why would they even bother. It all sounds heartless, but that’s how it works.

You have to apply for the claim now. I think you mentioned that the HR said you have 3 months to lodge your complaint to them. This is wrong. They may well be trying to get you to leave it for three months before you lodge you compliant to tribunal as they know - it will be unlikely to get accepted after that time.

If you would like more information or help send me a private message as then it comes onto my mobile and I can answer from there.

Kind regards

fabio11

I just downloaded ET1 form and filling it. Can someone please help me how to send it, though there is a button on the form SUBMIT COMPLETED CLAIM.
Do I need to post it or due to time I can take it myself to their office or use special delivery?

Butts

fabio11 wrote: »

I just downloaded ET1 form and filling it. Can someone please help me how to send it, though there is a button on the form SUBMIT COMPLETED CLAIM.
Do I need to post it or due to time I can take it myself to their office or use special delivery?

You submit it online and it goes instantly - I have recently done this.

A receipt is sent online by return.

You can also print a copy.

BlueC

123benji123 wrote: »

If you are planning to go to tribunal then it is important that you are aware that you have a max of 3 months to apply. This means your time limit runs out on the 15th of February 2011. These limits are very strict and will not be overridden.

Possibly (almost definitely) not relevant to this case, but I successfully brought a case to tribunal against a former employer well after the 3 month deadline had passed (more like 2 years after!), so they will consider exceptional circumstances.

As an aside, I represented myself against a huge UK business with their highly paid legal team (and horrible slimy lawyer) and I won! :T

Edit: this said, everyone here is correct, the 3 month deadline must be kept to, but I just wanted to point out that it can be overridden in certain circumstances.

viktory

Jenx wrote: »

...because of my reference, I cant get back into my field of work until the issue is resolved

Employment tribunals cannot force an employer to give a 'good' reference. The best we got from our ET (which was settled out of court) is an extremely factual, written reference plus a large sum of money . However, if a future employer calls the former employer, I have no idea what they might say.

To be honest, you are going to be stuck between a rock and a hard place. Admit you took the company to an ET and any future employer will think twice about employing you.

Personally, if the time spent at your former employer is relatively short I wouldn't mention them at all. Go to the employer prior to them for a reference.

fabio11

Be careful before making any ET calim as you may be counter-sued to pay the respondant fees which can be in Thousands or tens of thousands.

Under paragraph 40 of the Employment Tribunals Rules of Procedure, a tribunal can make a costs order where:

the paying party has in bringing the proceedings, or he or his representative has in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by the paying party has been misconceived

SailorSam

You may find some advice on here:
acas Acas - Discipline

zzzLazyDaisy

fabio11 wrote: »

Be careful before making any ET calim as you may be counter-sued to pay the respondant fees which can be in Thousands or tens of thousands.

Under paragraph 40 of the Employment Tribunals Rules of Procedure, a tribunal can make a costs order where:

the paying party has in bringing the proceedings, or he or his representative has in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by the paying party has been misconceived

This is true, but the thing to remember is that the normal rule in tribunal is that each party pays its own costs, and costs orders are not encouraged, and very rarely made. It is very rare indeed for a costs order to be made under Rule 40.