Pre - Tribunal Advice

eyeinthesky

Hi, I was made redundant in October, and I am going to tribunal over unfair dismissal, and incorrect notice and holiday pay. My ex- employer has engaged the services of a solicitor, and they have written to the tribunal to inform them, and copied the letter to me. My question is, when I send copies of documents that I am relying on, do I send them to the employer (respondant), or to their legal team? Thanks for any advice you can offer.

Sycorax

Once an employer has retained a solicitor then they are acting 'as' the employer. Once you're in litigation everything goes through the legal bods.

eyeinthesky

Thank you for your reply, I was beginning to think I wouldn't get any responses at all, over 90 views and no replies. Again, thank you, I know what I need to do now.

guardianangel

eyeinthesky wrote: »

Hi, I was made redundant in October, and I am going to tribunal over unfair dismissal, and incorrect notice and holiday pay. My ex- employer has engaged the services of a solicitor, and they have written to the tribunal to inform them, and copied the letter to me. My question is, when I send copies of documents that I am relying on, do I send them to the employer (respondant), or to their legal team? Thanks for any advice you can offer.

ACAS will also try and get involved and will be contact in due course to try and settle this out of court. This will usually involve a settlement amount if you have a case and you will have to sign a COT3 should this go ahead.

eyeinthesky

guardianangel wrote: »

ACAS will also try and get involved and will be contact in due course to try and settle this out of court. This will usually involve a settlement amount if you have a case and you will have to sign a COT3 should this go ahead.

Thanks for your reply, I have spoken to Acas today and will be hearing from them again, when they receive a copy of the response. I don't know what a COT3 form is, I will search online for info, thank you.

SarEl

eyeinthesky wrote: »

Thanks for your reply, I have spoken to Acas today and will be hearing from them again, when they receive a copy of the response. I don't know what a COT3 form is, I will search online for info, thank you.

A COT3 is nothing but a legal agreement in which you agree to drop your claim in return for an amount of money. Generally very simple and straightforward - but you must read the agreement, be clear what it says and be careful. Unlike compromise agreements there is no requirement to have legal advice on a COT3 - so what you sign is what you agree, whether you later regret it or not, you have made your decision and it is legally binding.

eyeinthesky

SarEl wrote: »

A COT3 is nothing but a legal agreement in which you agree to drop your claim in return for an amount of money. Generally very simple and straightforward - but you must read the agreement, be clear what it says and be careful. Unlike compromise agreements there is no requirement to have legal advice on a COT3 - so what you sign is what you agree, whether you later regret it or not, you have made your decision and it is legally binding.

Thank you very much for your explanation, much better than I could find online. I am hoping for an offer so I can avoid the need for a tribunal, but I will read it carefully if I do get an offer.

warmhands.coldheart

Do you have a solicitor acting for you? Check your house insurance if you have any as a lot of policies do have Family legal cover as part of the policy and claiming on it does not effect your "No Claims". As far as I know. I've had to use it twice in the last few years and had no issues or increases in premiums (Bit like Windscreen cover on you car insurance)

eyeinthesky

warmhands.coldheart wrote: »

Do you have a solicitor acting for you? Check your house insurance if you have any as a lot of policies do have Family legal cover as part of the policy and claiming on it does not effect your "No Claims". As far as I know. I've had to use it twice in the last few years and had no issues or increases in premiums (Bit like Windscreen cover on you car insurance)

Don't have a solicitor, I considered it too expensive, given the amount I am trying to claim, but that's a great idea about the home insurance. I will try to find my policy booklet, thank you very much.