Employment Tribunals

CheekyMonkey22

I have submitted a claim to ET for unfair dismissal, failure to make reasonable adjustments and few various other things.Just waiting on an ET3 form from my employer..

Fairly far advanced with my witness statement. Anything else I can do in the mean time?

Edit: Summary of my specific case at #39

MrSnuggles

Yes. Brace yourself in case you don't get a penny.

jobbingmusician

Read this thread? https://forums.moneysavingexpert.com/discussion/1462615=

wantsajob

MrSnuggles wrote: »

Yes. Brace yourself in case you don't get a penny.

Does it all have to be just about getting money?

Googlewhacker

wantsajob wrote: »

Does it all have to be just about getting money?

Ultimately yes, those that say they are doing it to prevent their employer doing something again are lying...they wouldn't go through it if they felt they wouldn't get a payout.

CheekyMonkey22

I have no problem in admitting now I'm in it for the money. I am way past the righteous indignation stage, and righting a wrong. I don't want my job back as I would be the worse member of staff in the world now (I was the perfect example before). If I wanted my employer to feel bad for how they've treated me I take it to the press. However, could do without the hassle of that.

It's all about the reddies now. And I don't underestimate how hard it will be, anything less than a bloodbath would be a surprise! However, I've got all the time in the world to work on it, bet they don't. And they've made a catalogue of errors, which I haven't.

Jobbingmuscian - thanks for the links. Strange didn't find it in my search.

Pricivius

Refreshing honesty!

I haven't read the other thread so apologies if I'm going over covered ground, but there are a couple of things that I find claimants often overlook:

1. Mitigate. You need to prove your financial loss from the date of dismissal. If you have got another job, then your losses are small, but if not, apply for jobs and keep a very good record of your efforts.

2. Future employers. Some will ask if you have ever taken a former employer to tribunal. Some may even check without asking. Be ready for this - some employers will not want to take a risk with a litigant.

3. Disability. From your claim of reasonable adjustments, I presume you are making a disability discrimination claim. If so, be prepared to have to prove you are disabled under the equality act 2010. Depending on your disability, you may need a medical expert's report. The respondent may not concede your disability so be ready for this.

4. Schedule of loss. Prepare one as the tribunal will ask for it. Do your research - vento guidelines, basic award etc...

5. Bottom line. The respondent may offer to settle so have a think about what you are willing to settle for. Be realistic. Principles are expensive and having your day in court is rarely worth it.

Hope that helps.

CheekyMonkey22

Pricivius wrote: »

Refreshing honesty!

Pricivius wrote: »

I am a massive realist.

1. Mitigate. You need to prove your financial loss from the date of dismissal. If you have got another job, then your losses are small, but if not, apply for jobs and keep a very good record of your efforts.
I claim ESA (Support group) and DLA, so I have not actively sought work. But I've had a look, it is unrealistic as I'm due more surgery. I do volunteer with a local charity. Enough?
CAB have advised me that my ESA might come back to bite me. I shouldn't be claiming disability benefits if I am fit to work, but it was my employer who ignored 2 medical reports...and Council benefits advisor who filled in my forms.

2. Future employers. Some will ask if you have ever taken a former employer to tribunal. Some may even check without asking. Be ready for this - some employers will not want to take a risk with a litigant.
Happy to discussed with them. I'm unlikely to achieve my previous salary, so new employer will be getting me (and my skills) on the cheap. And I'll tell them that!

3. Disability. From your claim of reasonable adjustments, I presume you are making a disability discrimination claim. If so, be prepared to have to prove you are disabled under the equality act 2010. Depending on your disability, you may need a medical expert's report. The respondent may not concede your disability so be ready for this.
Definately disabled, 7 months in hospital and more surgery planned. They would be idiots to debate this.

4. Schedule of loss. Prepare one as the tribunal will ask for it. Do your research - vento guidelines, basic award etc...
In progress

5. Bottom line. The respondent may offer to settle so have a think about what you are willing to settle for. Be realistic. Principles are expensive and having your day in court is rarely worth it.
My principles went out the window when my employers did. I'll take an apology in the form of compensation/settlement, thank you very much.:beer:

All useful advice. Also found Cunningham and Reeds, Employment Tribunal claims really useful, possibly the best £30 I've ever spent.

Pricivius

CheekyMonkey22 wrote: »

Pricivius wrote: »

Refreshing honesty!

Pricivius wrote: »

I am a massive realist.

1. Mitigate. You need to prove your financial loss from the date of dismissal. If you have got another job, then your losses are small, but if not, apply for jobs and keep a very good record of your efforts.
I claim ESA (Support group) and DLA, so I have not actively sought work. But I've had a look, it is unrealistic as I'm due more surgery. I do volunteer with a local charity. Enough?
CAB have advised me that my ESA might come back to bite me. I shouldn't be claiming disability benefits if I am fit to work, but it was my employer who ignored 2 medical reports...and Council benefits advisor who filled in my forms.
The Respondent is likely to pick up on this and make the point that you should have been working if you were fit to do so. Also bear in mind that certain benefits may be deducted from any award before you receive it - effectively your employer will have to pay back whatever the DWP asks for and you will get the balance. I'm not sure which benefits, but the Tribunal will refer your award to the DWP if it is relevant to avoid you double recovering.

3. Disability. From your claim of reasonable adjustments, I presume you are making a disability discrimination claim. If so, be prepared to have to prove you are disabled under the equality act 2010. Depending on your disability, you may need a medical expert's report. The respondent may not concede your disability so be ready for this.
Definately disabled, 7 months in hospital and more surgery planned. They would be idiots to debate this.
Nope - they would be perfectly within their rights and their lawyers, shareholders and possibly insurance company may insist upon it. You have brought a claim which you must prove and they are entitled to ask you to prove it.

5. Bottom line. The respondent may offer to settle so have a think about what you are willing to settle for. Be realistic. Principles are expensive and having your day in court is rarely worth it.
My principles went out the window when my employers did. I'll take an apology in the form of compensation/settlement, thank you very much.:beer:

Looks like you have things under control. The only other point to make is that this is a stressful, frustrating and annoying process which you have embarked on and it will take many months to get to your hearing. Use this quiet before the storm to prepare yourself...;)

wantsajob

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CDAQFjAA&url=http%3A%2F%2Fwww.employmentappeals.gov.uk%2FPublic%2FUpload%2FUKEAT526032312004.doc&ei=ybmZT7GQEZOV0QX0t7WOBg&usg=AFQjCNHy7ktex-bXa5Dhlu9RigBDLZ1L8Q&sig2=_MUSsTKk8mEQ6MUPsrUR9w might give you some idea of the level of proof required for a disability, and why an ET case has failed previously due to the burden of proof of a disability.

CheekyMonkey22

Pricivius - thanks for all your suggestions and advice.

I've not even received the ET3 yet. I'm seeing this as my full time job as I no longer have one!

My case will be extensive deconstructed before I ever get to a hearing. Covering all bases. Hopefully there will be no surprises, including the other side's bad behaviour.