Employment Tribunal

dippy3103

I am currently commencing action within an employment tribunal against my current employer for unlawful deduction of wages. I can’t afford a lawyer so will be running my own case.

I know I have given very little detail of why I have commenced Tribunal action so am not looking for advice around my claim.
However, I do know that there are a lot of knowledgable people on here that may be aware of good (reliable) on line resources which may help me understand the tribunal procedure.
So if anyone has any links they can give me, i’d Be grateful.

I may or may not win my case but I am sure as hell not going to stand up for what I believe to be right.

sangie595

I'd suggest this book http://etclaims.co.uk/

It's one of the best out there. The problem with on line resources is that if you don't know what your are doing in the first place, then you don't know how good the advice is!

One tip- read everything twice before submitting it. Like that last sentence... You are not going to stand up for what is right? And another - what you believe is not relevant. Never operate on belief - make sure you are right! Too many people mistakenly think their beliefs are relevant to the situation.

steampowered

Unlawful deduction of wages cases are usually pretty black and white.

Either you are owed that money, or you aren't.

Keep the emotion out of it, as it is not relevant whether the employer acted badly/immorally etc. etc.

dippy3103

steampowered wrote: »

Unlawful deduction of wages cases are usually pretty black and white.

Either you are owed that money, or you aren't.

Keep the emotion out of it, as it is not relevant whether the employer acted badly/immorally etc. etc.

I have a lot of evidence which backs up my claim, so hopefully I will will win. Just find it intimidating that they will be lawyered up and I won’t. They get lots of tribunals filed against them..

Comms69

dippy3103 wrote: »

I have a lot of evidence which backs up my claim, so hopefully I will will win. Just find it intimidating that they will be lawyered up and I won’t. They get lots of tribunals filed against them..

How many do they lose though?...

dippy3103

sangie595 wrote: »

I'd suggest this book http://etclaims.co.uk/

It's one of the best out there. The problem with on line resources is that if you don't know what your are doing in the first place, then you don't know how good the advice is!

One tip- read everything twice before submitting it. Like that last sentence... You are not going to stand up for what is right? And another - what you believe is not relevant. Never operate on belief - make sure you are right! Too many people mistakenly think their beliefs are relevant to the situation.

I can’t see that I won’t win- I have evidence that strongly backs my case. I just don’t have any experience of this kind of thing and worry I will mess it up.

sangie595

dippy3103 wrote: »

I can’t see that I won’t win- I have evidence that strongly backs my case. I just don’t have any experience of this kind of thing and worry I will mess it up.

There are always reasons that you won't win! That isn't to say that you are wrong - but being right doesn't always win tribunals. Nor does what you think is evidence. You need to be objective, and careful. Which is what I am telling you... The lawyer isn't your opposition. You are! A lawyer can only argue what they have and what they know. There's no tricks involved. Making sure that what you present is objectively true and the case is put with objective evidence - that's down to you. The lawyer doesn't care - they get paid no matter what the outcome is. So it's all the same to them. They aren't invested. To think like them you throw your baggage out of the window and stay clear headed.

Samsung_Note2

dippy3103 wrote: »

I can’t see that I won’t win- I have evidence that strongly backs my case. I just don’t have any experience of this kind of thing and worry I will mess it up.

Thats your first mistake...you come across as you've won already in your mind.

Big mistake. :j

Quick story..Wife was hit on a roundabout,the other party was clearly guilty due to my wife having right of way.
So clear cut (bit like being rear ended) that she couldn't possibly be blamed the insurance paid out as a non fault claim...went to court and despite the judge TELLING the other party he couldn't have been in the left lane as that would have been breaking road traffic act and he must have seen the other party (my wife),despite that the other party insisted he was in the left land and no he didn't see the other party as he doesn't need to look right before pulling out...and why should he stop after an accident.

The wife's barrister (paid by the insurance firm) went pale when my wife was found to be at fualt by the judge.

Thats despite a statement and diagram from the 89yr old party that failed to give way and slammed in the side of my wife's car...wrote it off and drove off,stating he was in wrong lane..hadnt see her and drove off after a scratch to both cars,this scratch was a written off car and a copper sitting on the roundabout for 4.5 hours with blue lights as wifes car was unmovable until collected by recovery.

That was a 100% clear cut non fault accident...the judge on the day for what ever reason decided the sweet old 89yr old nearly deaf gentleman wasn't liable.

Point im making as soon as you feel you have won as the odds/law etc are all clearly in your favor,your making a mistake as bizarre stuff happens in court.

steampowered

dippy3103 wrote: »

I have a lot of evidence which backs up my claim, so hopefully I will will win. Just find it intimidating that they will be lawyered up and I won’t. They get lots of tribunals filed against them..

Good stuff. If they feel the need to 'lawyer up' it is more likely that a settlement will be offered, since those costs are not usually recoverable.

The key thing is to focus on proving that this money is owed, rather than getting distracted by anything else.

Mersey_2

Samsung_Note2 wrote: »

Quick story..Wife was hit on a roundabout,the other party was clearly guilty due to my wife having right of way.

as bizarre stuff happens in court.

With respect, the above doesn't prove the point you are trying to make though: your wife was still in the right.


Perverse decisions are appealable (although I realise as a lawyer that sadly many don't bother).


I've sadly witnessed at first hand District Judges award damages for various heads of claim including:


i) a 17-year-old with a credit hire claim,
ii) another without insurance,
iii) in a case where fraud was pleaded - as 2 witnesses state the claimant was not present - and £4k was sought, the Judge awarded £1k.


It may be that the Judge wasn't over the detail or in the latter case, took 'the easy way out' as it's far speedier than writing up a lengthier Judgment, but all were wrong in fact and law (and overturned in the two which were appealed).


I'm a great believer in appealing to the nth degree if you have been wronged (although I equally recognise that many people simply don't have the time, inclination or knowledge to do so, so it's not a criticism)

polgara

Mersey wrote: »

I'm a great believer in appealing to the nth degree if you have been wronged (although I equally recognise that many people simply don't have the time, inclination or knowledge to do so, so it's not a criticism)

I'm in HR and believe that you should appeal if you feel a decision is wrong and not just because you are angry.

I was part of a decision to dismiss someone recently and the panel were almost begging the individual to consider an appeal, rather than get very personal and abusive as they did. Mainly as the chair was in two minds about the severity of the sanction. Unfortunately the individual is now caught up in the injustice of it all, to their mind, and not listening to my gentle advice about how their conduct on the day tipped the chair's decision when rightly they could have had a lesser sanction.