Representing yourself at Employment Tribunal

Jcj1978

Hello
I'm due to go to tribunal in 2 days for indirect sex discrimination (my employer stopped my flexible working agreement along with working from home with no notice) as I couldn't travel into the office they cut my hours to part time. I then resigned as couldn't take the pay cut. So claiming indirect sex discrimination and constructive dismissal (and breach of contract)


I have evidence etc of all this however as the judge has asked for some pretty specific stats that we have struggle dto find my solicitor is now saying he cant represent me at the trial and to go alone. (its no win no fee)


I feel I have a strong case and have evidence but scared off cross examining my ex employer - especially when they have employed some super barrister.


Has anyone else represented themselves - what was the experience like and any tips?


Thank you

Jansenrovers

I represented myself at the Employment Tribunal last year for an unfair dismissal claim. It was a relatively straightforward case as I had a lot of evidence and it was fairly obvious that I was going to win, but they were stubborn and defended it (I think they were hoping I would back down - they put a lot of pressure on).

I'm not going to lie, it was tough! I'm glad I did it, but not sure it was an experience I'd like to repeat.

Gavin83

Jcj1978 wrote: »

Hello
I'm due to go to tribunal in 2 days for indirect sex discrimination (my employer stopped my flexible working agreement along with working from home with no notice) as I couldn't travel into the office they cut my hours to part time. I then resigned as couldn't take the pay cut. So claiming indirect sex discrimination and constructive dismissal (and breach of contract)


I have evidence etc of all this however as the judge has asked for some pretty specific stats that we have struggle dto find my solicitor is now saying he cant represent me at the trial and to go alone. (its no win no fee)


I feel I have a strong case and have evidence but scared off cross examining my ex employer - especially when they have employed some super barrister.


Has anyone else represented themselves - what was the experience like and any tips?


Thank you

In what way were their actions sexual discrimination? How long did you work there?

I know you say you've got a strong case but there are two things really going against you here. Firstly the fact your no win no fee solicitor has refused to represent you, which suggests to me he feels it's a case that you aren't likely to win. Secondly that your employer has chosen to fight you. If they felt in any way they could lose this case they'd have settled out of court.

Representing yourself in such an important case will be almost impossibly hard unless you have a deep understanding of employment law, especially given they've got, in your own words, a super barrister. The only time people should be representing themselves is for small claims court cases.

I really hope for your own sake this is some sort of troll post.

Undervalued

Jcj1978 wrote: »

Hello
I'm due to go to tribunal in 2 days for indirect sex discrimination (my employer stopped my flexible working agreement along with working from home with no notice) as I couldn't travel into the office they cut my hours to part time. I then resigned as couldn't take the pay cut. So claiming indirect sex discrimination and constructive dismissal (and breach of contract)


I have evidence etc of all this however as the judge has asked for some pretty specific stats that we have struggle dto find my solicitor is now saying he cant represent me at the trial and to go alone. (its no win no fee)


I feel I have a strong case and have evidence but scared off cross examining my ex employer - especially when they have employed some super barrister.


Has anyone else represented themselves - what was the experience like and any tips?


Thank you

The two statements I have highlighted seem to almost contradict each other.

If you have a strong case why has your (no win no fee) solicitor pulled out? Presumably because they feel you will either not win or not win enough for it to be economic? Or is there another reason?

Be very careful about any warnings from the judge about costs. Although they are still fairly rare in ET cases, costs being awarded against claimants is more common that it was, particularly if you ignore any warnings.

Although people can and do successfully represent themselves at ETs, these type of cases are more complex and being up against a "super barrister" (your words) is not going to be easy.

One of the biggest problems with being a litigant in person is being too focused on points that you may (rightly) consider unjust but are not actually unlawful or in the remit of an ET.

Take care.

Crazy_Jamie

Jcj1978 wrote: »

I feel I have a strong case and have evidence but scared off cross examining my ex employer - especially when they have employed some super barrister.

I'd repeat what Undervalued has said, but the one point I'd make about representing yourself is that your biggest fear, namely being cross examined by a barrister, would happen whether you were representing yourself first or not. As you've claimed constructive dismissal you will likely give evidence first, and be cross examined first. That would happen whether you had your own barrister or not. It's perfectly normal to be worried about that, but it's not something that should necessarily make your experience of representing yourself more onerous.

Undervalued

Crazy_Jamie wrote: »

I'd repeat what Undervalued has said, but the one point I'd make about representing yourself is that your biggest fear, namely being cross examined by a barrister, would happen whether you were representing yourself first or not. As you've claimed constructive dismissal you will likely give evidence first, and be cross examined first. That would happen whether you had your own barrister or not. It's perfectly normal to be worried about that, but it's not something that should necessarily make your experience of representing yourself more onerous.

Rightly or wrongly I got the impression the OP was bothered about having to cross examine his former employer himself, presumably because he feels he won't have the skills of the "super barrister".

I feel I have a strong case and have evidence but scared off cross examining my ex employer

BorisThomson

What are the stats the judge is asking for, does it relate to the number of women v men that do flexible working? Is it specific to the company or the population?

Has the business given a reason for withdrawing your ability to work from home?

Crazy_Jamie

Undervalued wrote: »

Rightly or wrongly I got the impression the OP was bothered about having to cross examine his former employer himself, presumably because he feels he won't have the skills of the "super barrister".

Reading it again, I think you're probably right.

foolofbeans

I haven't represented myself but my employer did leave it to the very last minute before they offered enough to make me want to settle out of court. I was looking forward to my day in court but then I felt I had a good case (don't we all?!) and I backed up that case with facts and organised documents.
You need to pull out all the stops these next two days and ensure that you are prepared as you are ever going to be and know the legal points - ask your solicitor for some assistance.

xapprenticex

they took away the privilege of flexible working from home(i wish i had that) and reduced your hours because you couldn't travel to your own job and you take them to court for discrimination!!!!!

anyway, all the best.

FBaby

Do come and let us know how it went. On the face of it, from the little you've written, it sounds like you haven't have a chance in the world but I would hope there is a lot more to it.

Good luck tomorrow, and hope you get the outcome you are after.