Terrified at Employment Tribunal

vroombroom

nothing to add except good luck - I'm currently starting a tribunal with my old employer so kind of know what you're going through x

Jarndyce

Terrified wrote: »

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.

You really need to get advice from an employment lawyer - who is telling you this stuff? Try and get a half hour free session somewhere and talk it through with someone.

The only way you can be responsible for the other side's costs at a Tribunal hearing is if your case is vexatious or is so weak that it can be considered a waste of the other side's time to defend it. Believe me the Judge will give you plenty of warning if that is likely to happen, and you will probably be asked to pay a deposit too.

Terrified

Hi Jarndyce, I dont have home insurance as I rent my current place. I am not in any unions too. I feel I should have been better prepared.

When my ex-employer's lawyer raised the one day delay to the tribunal, I did write back to the tribunal to explain the reason as to why there was a delay. I did not hear back from them until few weeks later when they set a date for the case management review.

It was at that point that my ex-employer's lawyer wrote back and said they wanted to first have a prehearing on the one day delay in the submission.

So, in principal, the tribunal had already accepted my ET1. When I initially submitted ET1, the tribunal wrote back to me with the following wordings "your claim has been accepted. It has been given a case number which you should quote in all correspondence".

heretolearn_2

It is theoretically possible but rarely happens and hardly ever for the full £10k. Do some reading up on it - tribunals normally make each side responsible for their own costs. The whole 'you may have to pay £10k costs if you lose/withdraw' thing is used by firms to intimidate people into not going to tribunals. And like all bullying, have little basis in reality.

don't panic. Get some sleep. Just wait and see.

Terrified

Thanks. Do you know any good employment lawyer who could work with me on a "no win no fee" basis? Thanks.

Jarndyce

Terrified wrote: »

Hi Jarndyce, I dont have home insurance as I rent my current place. I am not in any unions too. I feel I should have been better prepared.

When my ex-employer's lawyer raised the one day delay to the tribunal, I did write back to the tribunal to explain the reason as to why there was a delay. I did not hear back from them until few weeks later when they set a date for the case management review.

It was at that point that my ex-employer's lawyer wrote back and said they wanted to first have a prehearing on the one day delay in the submission.

So, in principal, the tribunal had already accepted my ET1. When I initially submitted ET1, the tribunal wrote back to me with the following wordings "your claim has been accepted. It has been given a case number which you should quote in all correspondence".

Still confused - have you had the Pre Hearing Review on the timing point yet or not?

The claim being accepted by the Tribunal office is purely an administrative acknowledgement of receipt, and that it was a properly constructed claim - admin staff do not generally rule cases out on timing issues.

Terrified

I had the prehearing review yesterday to determine whether the tribunal has the rights to accept my ET1 as they received it one day later than the 3 months timeline. I had nothing to present to court. My ex-employer's lawyer asked for a witness statement as to the reasons for the delay. I had none except telling them that I had contacted the tribunal hotline on several occasions to tell them that I could click the submit button (it was not working). In court, my ex-employer's lawyer asked few questions and I had some scribbled notes written on my office notepad which shows the tribunal number, the date I called, I placed a cross next to it implying that the online submission was not working. I also had scribbled down the address of the tribunal office where I was supposed to mail the form. There are some other things written on that page of the notepad which was irrelevant. I have shown my ex-employer's lawyer this page, they have made a photocopy and have taken out a picture. The tribunal judge had requested me to show my ex-employer's lawyer this page and I have shown it to them. I have been very honest.

OneYorkshireLass

Wouldn't the ET office be able to show that their online service was down? I submitted mine online too, about 6 hours before my deadline (due to a late meeting with my employer where things were trying to be resolved, otherwise I wouldn't have left it that late). I don't know what I would have done had the service not been working. Take everything your ex-employers say with a pinch of salt, just focus your energies on getting over this hurdle.

Terrified

I just called them and they have no information that I had called. Apparently, their online system is managed by a 3rd party. They have given me their email address and have asked me to write to them directly to enquire which I have just done so.

Jarndyce

Terrified wrote: »

I had the prehearing review yesterday to determine whether the tribunal has the rights to accept my ET1 as they received it one day later than the 3 months timeline. I had nothing to present to court. My ex-employer's lawyer asked for a witness statement as to the reasons for the delay. I had none except telling them that I had contacted the tribunal hotline on several occasions to tell them that I could click the submit button (it was not working). In court, my ex-employer's lawyer asked few questions and I had some scribbled notes written on my office notepad which shows the tribunal number, the date I called, I placed a cross next to it implying that the online submission was not working. I also had scribbled down the address of the tribunal office where I was supposed to mail the form. There are some other things written on that page of the notepad which was irrelevant. I have shown my ex-employer's lawyer this page, they have made a photocopy and have taken out a picture. The tribunal judge had requested me to show my ex-employer's lawyer this page and I have shown it to them. I have been very honest.

So if they did not tell you the outcome there and then, you must either be waiting for the decision or they have allowed the claim by default and it is now down to the other side to appeal. I suggest that if you don't know which of these applies then you ring the Tribunal Office and ask them to clarify.