Employment tribunals & witness statements

TogeatherStronger83

dippy3103 wrote: »

My employer won’t engage with ACAS at all which is a shame as I’d rather not have to resort to Tribunal. I emailed ACAS a summary of what went on and told the conciliator I was happy for the email to be shared with my employer. Going have to disclose everything relevant at some point anyway.

Just remember that anything done through ACAS is Without Privilege and if I am very honest in my experience they are useless in most cases, but have to be used to appease the tribunal .

BorisThomson

TogeatherStronger83 wrote: »

Just remember that anything done through ACAS is Without Privilege and if I am very honest in my experience they are useless in most cases, but have to be used to appease the tribunal .

I assume you mean without prejudice?

TogeatherStronger83

BorisThomson wrote: »

I assume you mean without prejudice?

That would be correct

landlord2016

Good luck to you . I post similar issues recently.
https://forums.moneysavingexpert.com/discussion/5763027



And I make google search and those links may help you
http://www.lrdpublications.org.uk/downloads/WitnessStatement.pdf
https://forums.moneysavingexpert.com/discussion/1462615
https://www.google.co.uk/search?q=example+witness+statement+employment+tribunal+site:forums.moneysavingexpert.com&sa=X&ved=0ahUKEwihwoKQmJzYAhUsL8AKHSF4AywQrQIIZSgCMAc&biw=1517&bih=681

jobbingmusician

robatwork wrote: »

Just read through that thread about Tribunals. A lot of it refers to Mosdee and his/her tribunal claim. However it ends abruptly with no further postings. Do you know how that turned out?

Can't remember whether I ever knew, TBH. (I won my own, though, if that is any help).

robatwork

jobbingmusician wrote: »

Can't remember whether I ever knew, TBH. (I won my own, though, if that is any help).

Ah the eternal shame of people on MSE who ask for (and receive) free help and advice and can't be bothered to come back and say anything.

dippy3103

Hello again.. wasn’t sure if this should be a new thread or not.

My employer has now responded with their defence. Well no defence actually, merely an application for my Tribunal to be struck out time (as I am proceeding for unlawful deduction of wages and it’s ongoung it’s not out of time).

As I understand it, a judge will now look at their ET3 and adjudicate on their strike out application.

Am I right in my understanding of this as the next step? Is there a timescale on this? Can they then file a defence or do we just go to case management stage? Is it like a PCMH but on paper?

I have a hearing date in April, so was planning on starting on my statement etc- mainly so I can take my Time and get my case set out as logically and clearly as possible.

jobbingmusician

Good idea to keep it in the same thread.

I *think* you are right in your assumption. Certainly in the ET I am involved in at present (as the employer), my understanding is that the employee sent their ET1 and the tribunals service struck out part of their claim before we were ever asked to send an ET3 response. Which is interesting, because it does suggest that if your claim had anything glaringly wrong with it, the tribunals service might have rejected it already.

I am far from an expert though (this is about the 5th ET I've been involved in, but it is over many years) and someone who knows better might have something more reliable to say.

dippy3103

I must admit, I did wonder at their move to get it struck out on time (it’s not timed out as each pay slip is another deduction) and no mention of any defence.

Obviously I am biased and believe them to be in the wrong- or I wouldn’t waste my time & the tribunal’s time.

Win or lose I want to do it right - and act with dignity and integrity throughout.

jobbingmusician

Yes, I guess that IS interesting. We are moving to have the 2nd bit struck out (because the case has no merit*) but we have filed a defence demonstrating that.

*We would say that, wouldn't we! It all happened before I was in post, but I think it really is a most enormous try-on.