Help with preparing for Employment Tribunal?

wheresspot

I have lodged a tribunal claim against my ex-employer for constructive dismissal and indirect sex discrimination. The hearing is in less than a month's time, so the level of activity is really starting to increase.

When I first looked to make the claim I got some legal advice and was told I had a strong case. The solicitor agreed to take the case on a contingency fee basis, but I then got a new job straight away (albeit a fixed term contract), so he withdrew the offer of a contingency fee and said he could only do it on a fixed fee - which could effectively eat up any compensation I receive, so I had to decline that offer and chose to represent myself.

The problem is I am now finding the whole process incredibly stressful. I am trying to juggle my new job, looking after my young son and preparing for the ET. I'm now also ill, just when witness statements have to be submitted. I think I will manage to get my witness statements in on time, but I'm now facing the daunting prospect of all the prep for the hearing.

I was wondering if anyone knew of any free/cheap sources of help there are for people like me in preparing a tribunal case and even helping with representation. I contacted my local law school months ago and although they were very eager, the only help they could offer was to provide some further advice. Our local CAB doesn't provide advice on employment law issues and the local law centre only supports people on low incomes, which rules me out. I'm feeling like I'm completely on my own against a massive organisation with expert legal representation and endless resources.

If anyone can suggest sources of help it would be greatly appreciated.

TTC40

Where are you based, there may be someone on here who can help?

The Judge will usually be patient with you & offer some guidance as the tribunal proceeds if you are representing yourself.

whitewing

I agree that the judge will guide you as much as they are permitted to do so.

Are you getting help from ACAS acting as an intermediary? (Opinions on here will vary as to how much use they are, but you can talk things through with them).

It will be stressful as the solicitors for the company will try and pile on the pressure.

Do you have legal cover on your home insurance? Not sure if they could help.

It would also be worth considering how the fact that you have a new job affects any claim for compensation because time out of work would be a factor affecting the claim.

Also, find out what would happen if you withdrew now. Would you be in a situation why they could potentially ask for costs from you as they will have incurred costs so far?

wheresspot

TTC40 wrote: »

Where are you based, there may be someone on here who can help?

The Judge will usually be patient with you & offer some guidance as the tribunal proceeds if you are representing yourself.

I'm in Sheffield.

wheresspot

whitewing wrote: »

I agree that the judge will guide you as much as they are permitted to do so.

Are you getting help from ACAS acting as an intermediary? (Opinions on here will vary as to how much use they are, but you can talk things through with them).

It will be stressful as the solicitors for the company will try and pile on the pressure.

Do you have legal cover on your home insurance? Not sure if they could help.

It would also be worth considering how the fact that you have a new job affects any claim for compensation because time out of work would be a factor affecting the claim.

Also, find out what would happen if you withdrew now. Would you be in a situation why they could potentially ask for costs from you as they will have incurred costs so far?

ACAS - not impressed so far. After the initial introduction phone call I didn't hear much. The conciliator said nothing much would happen until after the case management discussion. That was held at the end of June and by end of July I'd not heard from ACAS so I ended up ringing them. All he did then was to ring the respondent, ask if they wanted to offer a settlement, they said it was too early and ACAS left it at that. The next time I heard from him was a couple of weeks ago as the respondent made an initial offer. I rejected it and put a counter-offer to them, which I've heard nothing back on so far. That was a week ago now and ACAS were very clear that I shouldn't call them, they would call me. They just seem to be the middle man - they're doing none of the conciliation stuff that it says they should do on their website.

Home insurance - tricky. The issue at work was ongoing for over a year. Half way through that time I changed insurance providers - the new provider considered it to be a pre-existing dispute and so wouldn't cover it. I don't think I had legal cover on the policy before that, but even if I did, no doubt they would consider out of the remit as well.

I've factored in the effect my new job has. I can still claim for some loss of earnings as it's only a fixed term contract, whereas my old job was permanent. Also, they may yet force me to pay back some occupational maternity pay, which is a fair sum in itself. This also means I don't want to withdraw the claim, because not only it there the costs issue, but I would certainly have to pay back my maternity pay as well. Plus there is the principle.

jobbingmusician

https://forums.moneysavingexpert.com/discussion/1462615

Any help?

Pricivius

Maybe it would help if you set out what you need assistance with?

You have the witness statement sorted - presumably it's just you as a witness for your side?

The Respondent should therefore have prepared the bundle so all the documents have been disclosed and everyone knows what there is to refer to, right?

So you need to read their statements and decide what questions you are going to ask each witness when you cross examine them. You need to be clear what legal arguments you are making and what you have to prove. You will then also need to draft your closing submissions. Anything else?

As for settlement, if the company has counterclaimed for your maternity pay, this should be taken into account. If you were to withdraw at this stage, you could do so on a "drop hands" basis so that both sides agree to walk away. This way you will not have to pay back the maternity pay so you will be £X to the good. There is no reason not to chase ACAS if you are waiting for a response to your counteroffer. I would give them a call, seeing as the company have had a week to take instructions.

wheresspot

Pricivius wrote: »

Maybe it would help if you set out what you need assistance with?

You have the witness statement sorted - presumably it's just you as a witness for your side?

The Respondent should therefore have prepared the bundle so all the documents have been disclosed and everyone knows what there is to refer to, right?

So you need to read their statements and decide what questions you are going to ask each witness when you cross examine them. You need to be clear what legal arguments you are making and what you have to prove. You will then also need to draft your closing submissions. Anything else?

As for settlement, if the company has counterclaimed for your maternity pay, this should be taken into account. If you were to withdraw at this stage, you could do so on a "drop hands" basis so that both sides agree to walk away. This way you will not have to pay back the maternity pay so you will be £X to the good. There is no reason not to chase ACAS if you are waiting for a response to your counteroffer. I would give them a call, seeing as the company have had a week to take instructions.

Witness statements are ready and being exchanged tomorrow. The bundle is another question. We have not yet agreed the full contents and the respondent is still disclosing documents in dribs and drabs. I have had to challenge their representative on an ongoing basis and I think this will continue until the hearing - I feel that having someone experienced in tribunals to help me with this would help, as I feel like their solicitor is trying to pull the wool over my eyes at times, but I don't know for sure.

I get the feeling that just agreeing the bundle will turn out to be a bit of a battle and that I'll only end up getting it at the last minute. The ET didn't specify when the bundle had to be ready for, other than to be provided on the first day of the hearing, so I don't know where I stand in trying to get hold of it in time for me to actually prepare. I have most of the documents already, but obviously it would be better if I have them in the order they will be in the bundle and for me to be able to refer to page numbers, which I won't know until they provide it.

In addition to submissions (which I have to research) I have to prepare for any remedy hearing that may be held and I will potentially have to prepare a supplementary statement depending on the contents of the respondent's witness statements.

Added to this is the fact that there is around 400 pages of documentation to go through to put together questions for cross examination.

I have two weeks to do all this, whilst also working 3 days a week and looking after a 14 month old. Plus I have been really quite ill this week, so I'm just getting so stressed about when I will actually have time to do all this.