Terrified at Employment Tribunal

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? I don't know what they will do next? Need your support. Thank you.

crazyguy

Try and ring the office of the tribunal and see if they remember talking to you about the issue of not getting the forms in on time, if they do ask if they can verify it in written format for you.

As for the lawers, I would worry about them if you took the Company to the tribunal and have enough evidence to back up your case the person who decides the outcome will not be concerned with who has better knowledge of the legal system, all they will look for is the facts and as long as you are correct and have sufficiant evidence to back up your case then you should be fine.

They sent in the legal team in an attempt to intimidate you, dont let them, speak clearly and make sure you say all the points relating to your hearing, if needs be write down on paper anything you want to add and ask a friend to listen to what you have wrote.

Jarndyce

That's better!:)

Firstly, representing yourself at a Tribunal does not have to be the daunting experience it may seem to you at this stage. There is certainly no need to be terrified.

Most Employment Judges are sympathetic to unrepresented parties - they have a duty to make sure that they understand the procedure and that things are done fairly.

In your case however, from what you have said, there is every chance that your claim will be struck out, and would have been howerver well represented you were.

It is your responsibility to ensure you get your claim in on time, and leaving it to the last minute before encountering technical problems may not be enough to allow the Judge to let the claim through on the grounds that it is just and equitable to do so.

The other side however cannot bring out any further 'tricks' - the Tribunal process is an open one and you should be made fully aware of any submissions made by the employer (and indeed have the opportunity to respond to them).

What will happen next is that the Judge will let the parties know in writing what they have decided, and why. If it goes against you, I suspect that is the end of the line. If you get the claim accepted, the employer may appeal, which will delay the process further. Then you will receive written directions from the Judge as to how the case should proceed from there. You might need further advice at that point.

Either way, let us know how you get on -(BTW have you checked you have no insurance policy that provides legal cover or advice, and, don't tell me, you weren't in a union?)

Jarndyce

crazyguy wrote: »

Try and ring the office of the tribunal and see if they remember talking to you about the issue of not getting the forms in on time, if they do ask if they can verify it in written format for you.

Bit late for that as they have already held the Pre-Hearing Review, which was the OP's opportunity to bring this sort of evidence to the table.

Terrified

Each time I call the tribunal it is a different customer service person who responds. And as my query about not being able to submit online was done without me even introducing myself, they will not be able to verify that. It was very intimidating. They had 2 lawyers from their side. One of them spoke the whole time. His tone was intimidating. My voice was calm but of course I was nervous as I have never gone through this before.

I called a solicitor who informed me that even though I tried to submit online and it did not work, as rules are rules, even though the tribunal received it one day later, my ex-employer's and their lawyers can reject the claim.

Why can't the truth be seen here? If they are so persistent about the one day delay that also means they know my case is strong but they have found this one fault which they are attacking me on.

I am unable to sleep.

heretolearn_2

How did you post the papers off? Did you use Guaranteed Next Day delivery (I hope so, seeing as it was so vital) or at very least Signed for delivery (used to be called Recorded delivery). If you did, and can prove that it was sent in time, then you might have a hope IF the tribunal has any discretion in these matters of course. OR did you use a courier and have proof of that?

Without any proof that you arranged for the papers to definitely reach there on time, I think you may have a serious problem, as anyone could just say anything. It was your responsibility to get them there on time, it's no good saying it was too long in the mail, every one knows normal mail isn't guaranteed to get there any particular day.

To be honest the company isn't being unreasonable in rejecting the claim if you missed the deadline, and missing the deadline is just down to you, not the online system or Royal Mail. You had time to send by Guaranteed Delivery, it only costs a couple of quid. I kind of think you are kicking yourself over this mistake, and trying to find someone else to blame for it. It's not the company being sneaky or unfair in any way. Why would they go through the hassle and expense and risk of a tribunal that they don't need to do? If someone tried to sue you and missed out on a time deadline you wouldn't turn round and say, ok, never mind, I'm happy for you to sue me anyway. You'd walk away.

Likewise they aren't doing anything wrong in using lawyers in the tribunal, every company will use lawyers, and all lawyers are out to win for their side. There's no need to be intimidated by them.

The rights and wrongs of the case are irrelevant if you are too late. One day late is still out of time, just as much as ten days, or ten weeks or ten years.

I do feel for you, but I think you may just have to accept the situation now.

Terrified

Hi Jarndyce, thanks for your response. What do you mean by "Bit late for that as they have already held the Pre-Hearing Review, which was the OP's opportunity to bring this sort of evidence to the table". What does OP stand for?

heretolearn_2

OP = Original poster = you.

Jarndyce

Terrified wrote: »

Why can't the truth be seen here? If they are so persistent about the one day delay that also means they know my case is strong but they have found this one fault which they are attacking me on.

Not really, its just that they see an opportunity to avoid having to pay £1000s in legal costs to defend the claim - it has no bearing on the merits of the claim.

Nobody is doubting that you are telling the truth, but the rules are there for a reason. At the end of the day (and sorry to be blunt) you missed the deadline having not allowed sufficient time for unforeseen problems and nobody else is to blame for that but you.

Having said that, there is some discretion, and if you are lucky they may exercise it in your favour. But don't hold your breath.

Also, without going in to the detail of your claim, is it really worth losing sleep over if it cannot proceed? Presumably you are applying for jobs in order to mitigate your loss as you are required to do anyway, so why not just put all your effort into that and move on?

Terrified wrote: »

What do you mean by "Bit late for that as they have already held the Pre-Hearing Review, which was the OP's opportunity to bring this sort of evidence to the table".

I meant that the suggestion that you try and gather evidence to support your case for allowing the late submission is too late, as the PHR has already happened and you are waiting for the Judge's decision - or have I misunderstood your first post in that regard?

Terrified

Hi Heretolearn, thanks for your honest response. I sent it using first class post. I did not send it be recorded delivery. I should have done that but it's too late now. I am kicking myself and blaming myself too.

What will happen next?

Terrified

Hi Jarndyce, thanks for your response. I have already found another job and I agree with you, unless I let go of the current tribunal case, I am unable to sleep properly. What I went through with my ex-employer was unbelievable and has affected my health and my life a lot.

I heard that if the tribunal rejects my ET application, my ex-employer can request their lawyers to go to the tribunal to recover their costs and the tribunal can bill me up to 10,000 sterling pounds. This has put me into a panic mode.