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In court with ex-employer
Comments
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Mistral001 wrote: »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. 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.
I feel at this point that the employer is determined to gain financially from me any way they can so I am fairly sure they will continue whether they are right or not. Having looked through their allocation questionnaire again it states they have attached documents but I have not received any from them. The court officer told me they do not forward documents and that I was obliged to send any to the claimant but it is starting to feel a little one-sided in that the claimant is not proceeding as they should and yet I am trying to be compliant but do worry the claimant will have an unfair advantage.
I shall be going to the court on Monday to find out exactly what should be happening at this stage and where the documents are from the claimant.
Thank you all for your advice :T0 -
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You are absolutely entitled to the claimants documents. It looks to me like a typical dirty trick against an in person litigant of pretending to the court that documents have been sent and not actually sending them, hoping to benefit from the ignorance of the other side.The court officer told me they do not forward documents and that I was obliged to send any to the claimant but it is starting to feel a little one-sided in that the claimant is not proceeding as they should and yet I am trying to be compliant but do worry the claimant will have an unfair advantage.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
You can dismiss the supervision costs for a trainee with the argument that even if you had worked your notice, they would have had to supervise a trainee.They originally claimed £312 which is exactly the amount I would have earned if I worked the 4 shifts so I put my defence as they had not actually incurred any costs over and above their usual staff wages.
Received the allocation questionnaire back and they are now saying they paid a trainee AND a member of staff to supervise.
I think you should ask the employer to provide this document under discovery. Nothing like having 2 versions of the same document to tell a story.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
Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
If this case is being heard in the Small Claims Court then you will be sent into a side room to try and resolve prior to the hearing, I had a case in the Small Claims Court and was told that I must hand over full details of my evidence that was going to be used on the day, I never actualy did this and the simple reason being was that the Company I took to Court never passed me any paperwork even in the room in which we were meant to try and resolve the issue they failed to show me anything so I kept all my paperwork to myself and just showed it to the judge.
From what I was told at the hearing you are supposed to show each other any documentation/evidence you wish to put forward in your case.0 -
DVardysShadow wrote: »You can dismiss the supervision costs for a trainee with the argument that even if you had worked your notice, they would have had to supervise a trainee.
I think you should ask the employer to provide this document under discovery. Nothing like having 2 versions of the same document to tell a story.
Good thinking, thank you. I didn't even think of the supervision costs as being something they would have to pay anyway and seeing as the trainee was scheduled to work prior to my informing them I was leaving the costs should not be attributed to me.
I doubt they have the hand written calendar still though and even if they did it would be different to my version as the copy I have shows that they had only filled in half the months shifts which is part of my defence in that I was unaware of any later shifts I was due to work.0 -
Sorry, I can't offer any advice but just to let you know that when I went through the tribunal process, my ex employers didn't stick to any of the time frames given for handing paperwork over - it got to the point where there really was no point in there being these rules as they simply didn't stick to them. They also omitted to add things that were requested. During the first tribunal, I was constantly going back and forth between the tribunal room and the tribunal office to get paperwork photocopied to add to the bundle. The chair persons were not impressed in the slightest! Just thought I'd let you that it's not uncommon for paperwork to go walkies and things be omitted, you have my sympathies and I hope it works out for you - fortunately I had someone to hold my hand throughout the process, as it felt like half the stuff they spoke about was in a different language! x0
Ohhhh me ribs!!!! brilliant!! This discussion has been closed.
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