In court with ex-employer

Sambucus_Nigra

SarEl wrote: »

Aye, but it was me primarily who pointed out how bad his advice was!

I remember it well.

I'm just saying like; that in response to the 'I'm not a lawyer, so when one of those comes along listen to them' line - it's usually the ones spouting 'I'm a lawyer listen to me' that give the bad or slightly dodgy advice in the first place.

embob74

Annisele wrote: »

However, it certainly sounds correct - and in your shoes I think I'd be more inclined to trust court staff than random strangers on the internet!
If you don't believe the court staff, you can probably find something in the Civil Procedure Rules to confirm one way or the other - you could always ask them where you should start looking.

The funny thing is that I phoned the court where the claim was lodged and asked them to explain what the pre-action protocols were as the allocation questionnaire asks if they have been complied with. I was told they could not tell me as they weren't legally trained! And yet when I take the form in to my local court (the case was transferred) they suddenly see fit to inform me of what I have to do to comply with the rules.
I'm doubting that the claimant (employer) has been informed of what they are supposed to do as they have certainly not complied with the pre-action protocols!

embob74

SarEl wrote: »

you always comply with a courts requests, and if you are not clear what they are asking then you phone them up and they will explain it to you. The court clerks in county courts are very helpful and will explain anything you do not understand.

See my post above ^^ when I asked for info on what a pre-action protocol was they were unable to tell me - quite how I am then supposed to be able to comply with it I don't know!
Seems odd there is not much info on how to complete forms and what all the terms mean as this is a small claims case and is supposed to be the most suitable for lay people with no legal expertise or knowledge :huh:

embob74

Mistral001 wrote: »

I am not familiar with the procedure, but by "documents" I suppose they mean payslips, bank statements or bank lodgement slips, P45, etc. and not your defense outline or detailed descriptions of what happened. In other words official items that cannot be in dispute. You might not actually have many such documents, but it does not mean that you do not have a defense. I could be wrong about this and maybe others can correct me.
I would not worry about the other side lying. All you have to do is make sure that you tell the truth.

Actually one of the "documents" I am relying on are copies of a calendar which shows I was not even assigned the shifts I am being asked to pay for. Not exactly official as it's hand written by the employer!
And I do plan to tell the truth but unfortunately I am aware in this world that honesty is not always the best policy - if the employer does lie I might be unable to prove the falsehood and it then boils down to their word against mine

Mistral001

embob74 wrote: »

Actually one of the "documents" I am relying on are copies of a calendar which shows I was not even assigned the shifts I am being asked to pay for. Not exactly official as it's hand written by the employer!

This seems OK to me, but I can see how it could easily be disputed by the employer. Reading all your previous posts, I think this document is perhaps the one that worries you the most. You perhaps think it quite likely that they will deny that it is accurate or even suggest that it is made up or altered by you. I can see why you are uncertain about showing it to the other side at an early stage. Are there any witnesses who are willing to say that it is accurate?

If there is a possibility of you keeping it and not showing it until the day of the court case then that might be the best thing. Can you find out if documents can be presented on the day of the court hearing?

DVardysShadow

Mistral001 wrote: »

This seems OK to me, but I can see how it could easily be disputed by the employer. Reading all your previous posts, I think this document is perhaps the one that worries you the most. You perhaps think it quite likely that they will deny that it is accurate or even suggest that it is made up or altered by you. I can see why you are uncertain about showing it to the other side at an early stage. Are there any witnesses who are willing to say that it is accurate?

If there is a possibility of you keeping it and not showing it until the day of the court case then that might be the best thing. Can you find out if documents can be presented on the day of the court hearing?

No, too much TV courtroom drama. You must make your evidence available before hand. Although I imagine that the professionals know how far the pre hearing protocols can drag on for and would inject this one late on.

Sambucus_Nigra

embob74 wrote: »

Actually one of the "documents" I am relying on are copies of a calendar which shows I was not even assigned the shifts I am being asked to pay for. Not exactly official as it's hand written by the employer!
And I do plan to tell the truth but unfortunately I am aware in this world that honesty is not always the best policy - if the employer does lie I might be unable to prove the falsehood and it then boils down to their word against mine

I can't understand why you would withhold something that the employer wrote that would almost prove your case. Surely this might provoke the employer to drop it?

Orville

SarEl wrote: »

I apprecaite the points made about claims to professional standing - but I never tell people that they should believe me because I am a (currently not practicing either) barristerQUOTE]


That explains alot, i thought you were a practicing lawyer and wondered if you owned your own practice seeing as you are able to be on here all hours .

Mistral001

Sambucus_Nigra wrote: »

I can't understand why you would withhold something that the employer wrote that would almost prove your case. Surely this might provoke the employer to drop it?

Several people on this forum gave the Op the advice that the employer was most likely bluffing when they just threatened her with legal action. They were not. Thus will they withdraw? It is possible.

However, I take your point and Sambucus Nigra's point. If it is submitted and the other side then comes back before the hearing and says that it not correct and x y and z is wrong with it or totally made up then the OP just has to say that it is genuine and let it be presented at court for the judge decide.

SarEl

Orville wrote: »

SarEl wrote: »

I apprecaite the points made about claims to professional standing - but I never tell people that they should believe me because I am a (currently not practicing either) barristerQUOTE]


That explains alot, i thought you were a practicing lawyer and wondered if you owned your own practice seeing as you are able to be on here all hours .

Not that it is anyone's business but I own my own chambers and I am on sabbatical. Oh, and I also happen to be on line permanantly thanks to technology. Well expect for the other week when Scotland defeated the technology