Terrified at Employment Tribunal

Jarndyce

Terrified wrote: »

Hi Jarndyce, my grievance is on sex, race discrimination and victimisation.

Hi Sunflower, the reason why I had to wait until the last day of submission is because I had, few days before the deadline, received the response from my ex-employer on the decision of my appeal to my grievance. I believe they planned it that way so that I run out of time.

Also, what can I do? My ex-employer is going around bad-mouthing me and saying things which are totally untrue. What can I do to get them to stop this? The work I do is very niche and so I hear back these comments very quickly.

I feel the evil always have an upper hand and the disadvantaged have a lower hand. This is in my case. If I was rich, I would have appointed a lawyer. Lawyers are so expensive.

This is so unlike in other European countries.

Sorry but you did not have to wait for the outcome of the grievance appeal before submitting a Tribunal claim. The guidance on the Tribunal website makes it quite clear that the three month deadline is only extended in exceptional circumstances. That is not a reason that will cause a Judge to agree to extend the deadline.

Also, the Tribunal cannot deal with any matters that have happened since you left this employer. So if you are thinking about complaining about the things they have said about you since you left, forget it.

Finally, if your case is a good one, you really do not need a lawyer at an Employment Tribunal. Presumably you have at least a minimal grasp of the law if you have framed a claim for discrimination on the grounds of two protected characteristics and a claim for victimisation?

Terrified

Yes, I have very solid evidence in the form of emails that I had received while I was working for my ex-employer. Those emails were written and sent to me and shows all the areas of how I was discriminated and victimised.

Jarndyce

Terrified wrote: »

Yes, I have very solid evidence in the form of emails that I had received while I was working for my ex-employer. Those emails were written and sent to me and shows all the areas of how I was discriminated and victimised.

Hmmm. In my experience you will usually need a lot more than a few emails to be able to bring that sort of claim but I'll not get into that - lets wait and see whether your claim is accepted first.

viktory

Terrified wrote: »

Why can't the truth be seen here?

What truth? The fact is you left it too late to submit your claim. You had THREE months and left it until the last minute. Why did you leave it so long?

DebiT

Terrified wrote: »

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

I think a trip to the Citizens advice bureau might be useful. They have solicitors who can give legal advice. Also, if you are unemployed and claiming benefits you might be eligible for legal aid.

Emmzi

There is no point using CAB resources if the claim is outside the time limit.

Wait and see for now.

no-oneknowsme

viktory wrote: »

What truth? The fact is you left it too late to submit your claim. You had THREE months and left it until the last minute. Why did you leave it so long?

Maybe if you tried actually reading the posts made by the OP you wouldnt feel the need to make such harsh , sarcastic posts yourself!

The OP clearly explained her reasons for the late lodging of her claim to the tribunal office in post 31.

OP - as has already been mentioned , you could have lodged your claim form whilst you were waiting on the decision of your appeal from your ex employer.

Jarndyce

DebiT wrote: »

I think a trip to the Citizens advice bureau might be useful. They have solicitors who can give legal advice. Also, if you are unemployed and claiming benefits you might be eligible for legal aid.

You cannot get legal aid for employment matters. ANd as has been said, there's no point wasting time getting soeone looking at the merits of her case until she knows if its been accepted. Nothing to do but wait and see.

viktory

no-oneknowsme wrote: »

Maybe if you tried actually reading the posts made by the OP you wouldnt feel the need to make such harsh , sarcastic posts yourself!

The OP clearly explained her reasons for the late lodging of her claim to the tribunal office in post 31.

OP - as has already been mentioned , you could have lodged your claim form whilst you were waiting on the decision of your appeal from your ex employer.

I did read all the posts. The OP hasn't really given a decent explanation for leaving it so late. It is made so, so clear that your application MUST be in within three months. Even if the employer was deliberately dithering over the outcome of the appeal, you still MUST get the application in on time. And s/he didn't even send it next day guaranteed delivery!! Honestly, that is really thoughtless.

If the OP can't give us a decent reason I doubt she has one for the Pre Hearing. Makes me think that the OP wouldn't have given a good account at Tribunal anyway.

no-oneknowsme

viktory wrote: »

I did read all the posts. The OP hasn't really given a decent explanation for leaving it so late. It is made so, so clear that your application MUST be in within three months. Even if the employer was deliberately dithering over the outcome of the appeal, you still MUST get the application in on time. And s/he didn't even send it next day guaranteed delivery!! Honestly, that is really thoughtless.

If the OP can't give us a decent reason I doubt she has one for the Pre Hearing. Makes me think that the OP wouldn't have given a good account at Tribunal anyway.

Your definition of a "decent" explanation and that of the OP may differ....You have to bear in mind that you have already been through an employment tribunal process with your Husband (all be it that it was settled before the actual hearing) but this is all new to the OP.

She held the thought as many people do , that she was unable to lodge a claim to the tribunal office until her appeal decision had been delivered to her by her ex employer. To me this sounds like a "decent" enough explanation and now that the OP knows that she was able to go ahead with her claim whilst awaiting the appeal decision I am sure that she will bear this fact in mind for future reference.

You have to remember Viktory that just because you know these things not EVERYONE knows them.

Sometimes the sarcasm drips from your posts and makes me wonder why you bother to lower yourself to making replies to posts when from your tone all you want to do is have a go at and belittle the OP.

OP , dont give up hope of your claim going the way you want it to. If you keep your head and just tell the truth you will be fine.