Employment Tribunal Help

Ddunn

Hi Daisy, I have emailed (and CC'd the ET in as well).

I already emailed the ET yesterday with my objects because within the last 7 days they have requested firstly the date of the hearing be moved, then the hearing be more than one day and I was asked to comment on them by yesterday.

Do I ask for the ET to order them to exchange tomorrow as they are already in breach or ask there statements to not be allowed or leave the ball in the ET's court?

Many thanks for your continued help!

Nednats

colinsmith1 wrote: »

1) Does this mean there will be no pre-hearing since a notice of hearing date has been given? Or will this be decided after the ET3 has been returned?

-> there will always be a hearing unless your previous employer does not reply to the tribunal then you will be given a default judgement which they can then also contest, but if they do not they have 42 days to pay.

2) The thing I need to do is to send in my 'Remedy' for my losses. In my ET1 I asked for re-employment so should I just include loss of wages up to the Employment tribunal date, or should I include furute losses after that in case I win and don't get a re-employment order(I know these are rare)?

-> You should include loss of earnings until a date that you expect re-employment, if this is accepted. You will have a meeting with the judge who will determine your loss of earnings if your dismissal was against the law, you should contact ACAS though to find out how to calculate amounts owed.

The Op asked if there would be a pre-hearing not a hearing.
If you have been given a date it is unlikely there will be a pre-hearing.
You will be given case orders to comply with.
One of these orders is probably going to be a schedule of loss

zzzLazyDaisy

Ddunn wrote: »

Do I ask for the ET to order them to exchange tomorrow as they are already in breach or ask there statements to not be allowed or leave the ball in the ET's court?

Many thanks for your continued help!

Hi, no you have done everything you can. The tribunal judge will make whatever decision s/he thinks appropriate. Realistically the tribunal is not going to disallow their statements, and unfortunately respondents realise this and often push the limits.

Just leave it with the tribunal and wait and see. Sorry I can't be more helpful.

Dx

Ddunn

Nednats wrote: »

The Op asked if there would be a pre-hearing not a hearing.
If you have been given a date it is unlikely there will be a pre-hearing.
You will be given case orders to comply with.
One of these orders is probably going to be a schedule of loss

Correct there was no pre-hearing just orders sent.

Ddunn

zzzLazyDaisy wrote: »

Hi, no you have done everything you can. The tribunal judge will make whatever decision s/he thinks appropriate. Realistically the tribunal is not going to disallow their statements, and unfortunately respondents realise this and often push the limits.

Just leave it with the tribunal and wait and see. Sorry I can't be more helpful.

Dx

You've been more than helpful!! :beer:

I had read up that it is unlikely and seen appeals where it has happened and its been overturned. Guess just needed reassurance I wouldn't be falling foul.

gocat

Sorry to bring up an old thread but so much of it is similar to what is happening to me and seems like many people on here with good employment tribunal advise
Hope your case is going well OP.

I was dismissed as unfit for duty after being off sick for about 6 months. I had worked with the company for 30 years.
I took them to tribunal via a solicitor which is funded by my home insurance.
ET1 was submitted and employers have failed to respond after 6 weeks. So solicitor has applied for default judgement.

What I would like to know is how long does this usually take for the judge to make, well a judgement, and how common is it for employers to not respond to a ET1.

Thanks in advance

zzzLazyDaisy

Hi, may I suggest that you start a new thread for your question as it may get overlooked tacked onto an old thread.

But to answer your questions -

firstly most employers do respond to the ET1, but having said that, it isn't unusual for an employer to fail to respond. This usually happens for one of two reasons - the ET1 has got lost in the post/in the office/in someone's in-tray... or for whatever reason has not come to the attention of the person who should be dealing with it. In that case, when they get a copy of the application to strike out, they will file a belated ET3 with an application for leave to file the ET3 late. They will have to give a reason, but my experience is that the tribunal will normally allow such an application - especially if it is a small employer. The other reason employers don't respond is that they are bust, or on the verge of going bust and don't care what happens as they won't be paying anyway. If it is the latter, it is worth continuing as if they do go into liquidation you may have a claim against the govt insolvency service.

Secondly, it is my experience that the tribunal will not normally enter a default judgement even if the employer has failed to file an ET3, but may make an order debarring the employer from giving evidence at the substantive hearing (tho they may still make representations at any costs hearing). The reason is that even if the employer has failed to file any defence (ET3) the tribunal will often still want to hear the claimant's evidence and make a decision based on that evidence and in the absence of any evidence by the employer to the contrary. (As I say, this is my experience, but others may have different experiences).

chrissyr60

Uncertain wrote: »

The higher figure.

Holiday, at least at the statutory rate of 28 days per year, accrues all the time you were off sick and right up the the end of the notice period. Did they calculate this correctly and pay you for it?

I have just been dismissed due to health capabilities even though i appealed with 'help' from a union rep. I was also told that i would be entitled to any untaken annual leave in pay...in fact what they do and did so in my case (local government) is deduct all bank holidays that fell within that year. For example i had 10 days untaken days but ended up being paid 1 day. The way they worked it out was that id taken 17 days leave of which they added 10 bank holidays making it 27 which left me with the 1 days pay...i was shocked that they could do this. So, although i have been told several times and by payroll that yes by law we are entitled to it yet...they take it back by bank holidays! I thought at least it would be the bank holidays that arose whilst i was off but it was the whole year!

zzzLazyDaisy

Statutory annual leave is 5.6 weeks for a full time employee, which equates to 28 working days, this includes bank holidays. Last year there were additional bank holidays. For many employees that did not mean extra days off in total, but fewer days that they could take when they chose. So if you actually had 10 bank holidays off, plus 17 days annual leave, this would leave you with one day outstanding. But they cannot deduct any bank holidays that fell when you were off sick as that is not annual leave, but sick leave.

Put simply, you are entitled to 28 days paid holiday, it doesn't matter whether you have a paid day off for a bank holiday, or a paid day off of your choice for annual leave, they all come out of the 'statutory holiday pot'.