Support needed for my ET Claim - Disability Discrimination + Constructive Dismissal

k3lvc

nicechap wrote: »

If these are an example of your level of knowledge before going into the ET the other side are going to wipe the floor with you.'

I'm just imagining the reponse from the OP in court to a question


"But some randomer on t'interweb told me to do it like this" :rotfl:

Crazy_Jamie

CYPER wrote: »

1 - Received respondent's unsigned witness statements with the explanation that they will be signed just before the hearing. I reckon this is because the solicitor has not met with the witnesses when finalising them. Is that normal?

Yes, that is entirely normal.

2 - What would you advise me to bring with me at the hearing? I guess blank A4 paper, a couple of pens, post it notes, laptop maybe. Enough copies of my witness statement and the bundle obviously. Anything else?

You just need the documents in the case (so bundle and copies of your witness statement), notes you've made to prepare for the hearing, and some method of taking notes during the hearing. Whether you do that via a laptop or on paper is up to you.

3 - Is it allowed when questioning witnesses to read from a sheet of paper. Basically prepare cross examination questions at home and read them to the witnesses? Or is this not a good idea?

That is exactly how you should do it. No one expects you to cross examine a witness from memory.

CYPER

Thank you again for answering my questions without inserting any negative bias

I have another one: If we reach a settlement and agree on a sum what are the tax implications on that sum?

Do they pay it via PAYE and report it to the tax office or is it simply a bank transfer and it is my responsibility to include it in my tax return?

Or is it received tax free?

Thank you.

Crazy_Jamie

CYPER wrote: »

Thank you again for answering my questions without inserting any negative bias

I have another one: If we reach a settlement and agree on a sum what are the tax implications on that sum?

Do they pay it via PAYE and report it to the tax office or is it simply a bank transfer and it is my responsibility to include it in my tax return?

Or is it received tax free?

Thank you.

Generally speaking if the settlement figure is under £30,000 there are no tax implications and it is paid in a tax free lump sum, unless some other payment arrangement is agreed. If the figure is over £30,000 then tax becomes payable on it, in which case the agreement should specify how that tax is to be paid.

Cheeky_Monkey

CYPER wrote: »

Thank you again for answering my questions without inserting any negative bias

I have another one: If we reach a settlement and agree on a sum what are the tax implications on that sum?

Do they pay it via PAYE and report it to the tax office or is it simply a bank transfer and it is my responsibility to include it in my tax return?

Or is it received tax free?

Thank you.

Not sure why you're concerned about that at this stage - counting chickens comes to mind

CYPER

Cheeky_Monkey wrote: »

Not sure why you're concerned about that at this stage - counting chickens comes to mind

Because I am the only one in this thread who knows at what stage the negotiations are. You on the other hand don't know.

Thanks Crazy Jamie again :T

Cheeky_Monkey

CYPER wrote: »

Because I am the only one in this thread who knows at what stage the negotiations are. You on the other hand don't know.

Thanks Crazy Jamie again :T

And you are the only one on this thread who doesn't seem to understand that you have to win your case first to get any payment. Unless of course they make you an 'out of court' offer just before you go in. Although I think that's unlikely as you are trying to state your case without the benefit of proper legal advice/support and, I suspect, you will be easy pickings for their legal team.

nicechap

Cheeky_Monkey wrote: »

And you are the only one on this thread who doesn't seem to understand that you have to win your case first to get any payment. Unless of course they make you an 'out of court' offer just before you go in. Although I think that's unlikely as you are trying to state your case without the benefit of proper legal advice/support and, I suspect, you will be easy pickings for their legal team.

Its not unusual for "without prejudice" offers to be made prior to proceedings but without taking proper legal advice as to what else is in the negotiations such as non-disclosure, working for competitors etc etc and of course understanding the consequences of turning down the offer before going into a hearing, the OP will quite exposed.


Really does need to get independent legal advice.

TrickyDicky101

Question regarding process if a settlement figure is suggested - would the OP be required to obtain independent legal advice over any such settlement before it was paid, and if so would it be reasonable for the OP's company to need to foot the bill for this?

Open question not directed at anyone in particular - but could be useful to the OP.

Undervalued

TrickyDicky101 wrote: »

Question regarding process if a settlement figure is suggested - would the OP be required to obtain independent legal advice over any such settlement before it was paid, and if so would it be reasonable for the OP's company to need to foot the bill for this?

Open question not directed at anyone in particular - but could be useful to the OP.

No, because the OP has already left the employment.

The requirement for independent legal advice before signing a settlement agreement is so that the employee understands they are signing away both their job and the right to make (almost) any claim.

That is not the case here as they have already resigned (although now claiming constructive dismissal) and are in the process of making a tribunal claim.

Whether it is wise for them to agree to anything without advice is another matter.