Employment Tribunal Representation

I was wondering if anyone can help me?
I have had to take more former employer to an Employment Tribunal and i have a hearing in a few weeks. But I'm not sure about my written representation. What is it? What type of information should I include? How should I lay it out etc? How is it different from a witness statement?
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Comments

  • debsue
    debsue Posts: 467 Forumite
    Oh dear you are not really prepared are you? have you seen a solicitor or are you doing this yourself? I recommend this book
    http://www.amazon.co.uk/Employment-Tribunal-Claims-Tactics-Precedents/dp/1903307708/ref=sr_1_1?ie=UTF8&qid=1338275483&sr=8-1

    Have you spoken to ACAS?
  • Nednats
    Nednats Posts: 330 Forumite
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    debsue wrote: »
    Oh dear you are not really prepared are you? have you seen a solicitor or are you doing this yourself? I recommend this book
    http://www.amazon.co.uk/Employment-Tribunal-Claims-Tactics-Precedents/dp/1903307708/ref=sr_1_1?ie=UTF8&qid=1338275483&sr=8-1

    Have you spoken to ACAS?

    I'm doing this myself.

    Yes spoke to ACAS and been given a ridiculously offer to settle outside of the Tribunal.

    I admit I am slightly under prepared but I have managed so far to comply with the case management orders etc. It is just getting close and I'm starting to worry?

    I'm not sure about my written representation any help?
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
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    Ex board guide. Signature now changed (if you know, you know).
  • Nednats
    Nednats Posts: 330 Forumite
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    Thank you but your previous thread seems different from my situation. I have case management order I don't have prepare a bundle but the respondent does. I need to submit a written representation 7 days before but I'm not sure what this is.
  • Hiccups_2
    Hiccups_2 Posts: 99 Forumite
    Nednats wrote: »
    Thank you but your previous thread seems different from my situation. I have case management order I don't have prepare a bundle but the respondent does. I need to submit a written representation 7 days before but I'm not sure what this is.


    Written representation for what? Does it not say on the case management order? What were you asked to do during the case management discussion, did you take any notes?

    If you can't answer any of these questions, then I would urgently contact the tribunal and ask them what is required.

    I think it would be unusual for a witness statement to be prepared before you have received the bundle. Perhaps they may have asked you to clarify your legal argument, but your post actually gives no indication of what you were asked to do! "Written representation" could mean anything.
  • Nednats
    Nednats Posts: 330 Forumite
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    Hiccups wrote: »
    Written representation for what? Does it not say on the case management order? What were you asked to do during the case management discussion, did you take any notes?

    If you can't answer any of these questions, then I would urgently contact the tribunal and ask them what is required.

    I think it would be unusual for a witness statement to be prepared before you have received the bundle. Perhaps they may have asked you to clarify your legal argument, but your post actually gives no indication of what you were asked to do! "Written representation" could mean anything.

    It's at the bottom of the notice of claim, "You may submit written representations for consideration at the hearing. If so, they must be sent to the Tribunal and to all other parties not less than 7 days before the hearing..."

    I have done all the case management order. There was no case management discussion. I have already done my written statement.
  • Hiccups_2
    Hiccups_2 Posts: 99 Forumite
    Nednats wrote: »
    It's at the bottom of the notice of claim, "You may submit written representations for consideration at the hearing. If so, they must be sent to the Tribunal and to all other parties not less than 7 days before the hearing..."

    I have done all the case management order. There was no case management discussion. I have already done my written statement.

    Right. This is a reference to all the points that you want the tribunal to consider regarding your case, this can be evidence and legal argument. Simply write each point down in numbered paragraphs, eith sub-headings to break up information under the relevant headings where necessary. You should be allowed to make oral arguments in any case, does the order make reference to this?
  • Nednats
    Nednats Posts: 330 Forumite
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    Hiccups wrote: »
    Right. This is a reference to all the points that you want the tribunal to consider regarding your case, this can be evidence and legal argument. Simply write each point down in numbered paragraphs, eith sub-headings to break up information under the relevant headings where necessary. You should be allowed to make oral arguments in any case, does the order make reference to this?

    Thank you. Yes that is the next sentence that I will can make an oral arguments in any case. Therefore is this optional? Am i stressing about nothing? Is there a benefit to doing this as I'm struggle to write anything? The case is quiet simple I'm guessing this might be more important in complex cases?
  • Hiccups_2
    Hiccups_2 Posts: 99 Forumite
    Nednats wrote: »
    Thank you. Yes that is the next sentence that I will can make an oral arguments in any case. Therefore is this optional? Am i stressing about nothing? Is there a benefit to doing this as I'm struggle to write anything? The case is quiet simple I'm guessing this might be more important in complex cases?

    It is optional, but I suggest you make notes for yourself in any case as it will help you to focus on the points you need to drive home. My personal opinion (others may disagree) is that there is a disadvantage in sending a written submission, as you would effectively be handing over your argument to the other side in advance of the hearing; who will be able to prepare in advance to rip your arguments to shreds during the cross examination.
  • Nednats
    Nednats Posts: 330 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hiccups wrote: »
    It is optional, but I suggest you make notes for yourself in any case as it will help you to focus on the points you need to drive home. My personal opinion (others may disagree) is that there is a disadvantage in sending a written submission, as you would effectively be handing over your argument to the other side in advance of the hearing; who will be able to prepare in advance to rip your arguments to shreds during the cross examination.

    So you suggest no doing one?

    Any other opinions?

    Another question. When reading at a witness statement at the hearing am I just reading the statement I've already written or should prepare something else?
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