Terrified at Employment Tribunal

Terrified

Hi all,

I provided the original and copy of the note book where I had recorded the dates I had called ET about the problem with submitting online - their online system was not working. That was the only piece of document that the judge wanted me to provide to my ex-employer's lawyer. I did that and informed the judge according. My ex-employer's lawyer then wrote to me that they wanted more information.

I have now received another letter from my ex-employer's lawyer stating that they want further information as to whose computer I used when I completed the ET1 form and the print screen from that computer.

I had already explained to them that I did not have my own computer so I used a computer not belonging to me. After completing the ET1 form and printing it out before posting it to the Tribunal, I deleted that file from the computer. I explained this to the ex-employer lawyer but they now want information as to whose computer it was and a print screen. They also have written to the Tribunal that they want another pre-hearing to discuss this.

I believe they are playing a game and are trying to mentally stress me out.

What should I do? Please assist. Do you have any good lawyer that you can recommend to me? Someone who is willing to help me. I am very stressed out because it seems like my ex-employer's lawyer are just playing with my emotions and delaying this whole thing. What can I inform the judge?

Please help.

saintjammyswine

I think you need to provide what they are asking for, as previously posted you dont go and tell the judge, you simply provide the evidence they are asking for.

Terrified

I have provided what I can. There is nothing else I can provide. It doesn't take a genius to note that my ex-employer is just playing a game. I provided what they wanted. Then they asked for more and I provided that to them. Now they are going to a point where there is just nothing else I can provide them. There does not seem to be any justice here. Where is the heart of people? What else am I supposed to do? Why should I provide my private information as to whose computer I used? It was a friend who probably does not want to get involved in all of what's going on. If I provide that information to them, then they will ask that he appears in court. This is ridicoulous and is just not right. Is there really justice here?

saintjammyswine

Not really and it really isnt fair, unfortunately it is an emotionless environment dealing only in fact & evidence, good in many ways but as you are finding out, it can be draining emotionally, one of the skills of a lawyer is removing emotion to uncover fact & evidence.
Good luck though

Jarndyce

You are absolutely right that they are trying to stress you out and hope you abandon your claim. That in essence is their job.

But I don't see the problem with you simply giving them the information they are seeking? Why are you letting a simple request for factual information stress you out so much? Believe me if you get to a full hearing it will get ten times more stressful under cross examination.

Just tell them what they want to know.

Terrified

Thanks. But I am sure if I provide them with further information, they will ask for more. And when I provide that to them, they will again ask for more.
The stress I am under is that I dont know how long this whole thing would now take and it could be years. Without this case being resolved, it is constantly in my mind which leads me to be unable to focus in other things in my life.

mariefab

They may be concerned that the Tribunal Judge will allow your claim to go forward because...

You didn't have a solicitor and you (mistakenly) thought you had to wait until you received the response to your appeal.
The appeal response arrived a few days before the deadline.
You tried to submit the claim online straight away and when that failed you posted the claim form a couple of days before the deadline.
You were only one day late.

...and in a work-related discrimination/harassment claim under the Equality Act the Judge can use a little bit more discretion with the time limits than he/she would be able to in say an unfair dismissal claim.

http://www.legislation.gov.uk/ukpga/2010/15/contents

123 Time limits
(1)Proceedings on a complaint within section 120 may not be brought after the end of—
(a)the period of 3 months starting with the date of the act to which the complaint relates, or
(b)such other period as the employment tribunal thinks just and equitable.

I don't want to raise your hopes too much.Just because the Judge could it doesn't necessarily mean they will do so.
In the meantime, giving the Respondents any evidence you can produce to show that you tried to submit the claim online can't do you any harm. It'd show that you are doing everything possible to co-operate.

SarEl

The employers lawyers are not playing games at all - they are doing their job. Sorry, but get used to it. You submitted a late application - and lets see, you forgot to post it recorded delivery, so you cannot prove that you posted it within time; you didn't use your own computer so you have no evidence that you actually wrote the application in time; and you deleted the file from the computer that you did use.... I am sorry... I don't represent employers so I am always working with employees, but goodness, this is a fishy tale with not a jot of evidence. What do you think that the opposing lawyers will do - just accept your word for it?

I really am not being unsympathetic, much as you may think otherwise. I have told you before - toughen up or get out of the kitchen. These lawyers are doing their job, and from what I can see they are doing it well and fairly. You have made statements and allegations and their job is to challenge whether those statements and allegations are true. Something is not true simply because you say it is. Of course they are going to keep on asking you for information - it is called evidence and you are required to have it to back up what you claim. They will be asking you for evidence all the way up to and including at the tribunal. What made you think they wouldn't?

Terrified

SarEl, thanks for your response. Well, I know I am an honest person who would never lie as I believe in sin. I had to use the computer in the internet cafe to complete the form and get it printed out.
Do you think it would make sense if I go to the internet cafe and ask them to provide a witness statement (I hope they remember me but that could be difficult as they have loads of people in and out of that place everyday) but I believe they would remember me as I got them to use their printer to print the documents and the manager there was having some problems initially with the printer and kept apologising. I hope he will remember me. Will that work?

Terrified

I just wanted to take this opportunity to thank all of you for all your comments and thoughts and feedback. I really am very grateful for that.