Employment Tribunal Questions

matlof · 24 September 2017 at 11:09PM

In about one month my wife will have final hearing in Employment Tribunal. I will be representing her and I have some questions. I will be very greatfull if you can help me. I learned everything just from websites.
Case is for victimisation, race and pregnancy discrimination and constructive dismisal.
1. If in ET 1 I included victimisation, but didn't describe all of detriments she experienced can I add it in witness statment? Can this new dertiments be part of procedings?
2. If I representing my wife and I am also the witness, can she ask me the questions during cross examination?
3. During cross examination can I ask as many question as I would like or there is any limit?
This are the questions I coudn't find answer in other places
Many Thanks
Matt

mum2one · 25 September 2017 at 1:27AM

matlof wrote: »

In about one month my wife will have final hearing in Employment Tribunal.

has there previous hearings have they been adjourned re lack of time or other events

I will be representing her and I have some questions. I will be very greatfull if you can help me.

at least some support for your wife is gd.

I learned everything just from websites.

Case is for victimisation, race and pregnancy discrimination and constructive dismisal.

dud theyvsack your wife or she resigned...
1. If in ET 1 I included victimisation, but didn't describe all of detriments she experienced can I add it in witness statment? Can this new dertiments be part of

have you stopped the witness statements and evidence yet with the other party, if you haven’t stopped evidence etc then you can add it,

From memory, I think we swapped evidence 7 days pretrial.

2. If I representing my wife and I am also the witness, can she ask me the questions during cross examination?

i don’t think your wife would be able to as ur representing her, your the one doing the presentation, [/

3. During cross examination can I ask as many question as I would like or there is any limit?

its like the age old question how long is a piece of string, generally yes you ask questions but they need to be relevant to the situation, once you have read the witness statements your then have a line to go with questions, also you need to take into account how many witnesses they have and the time allocated to the proceedings
This are the questions I coudn't find answer in other places
Many Thanks
Matt

I’ve popped a few thoughts etc, the reason I have asked re dismissal, depending on whether your wife resigned or was pushed...

If She was sacked, then the other party will give all the evidence 1st, and then once there side is completed, your wife will then give evidence.

If sh3 resigned as a result of the incidents - then your side will give evidence 1st.

(Using this as an example); it the pile of documents they say have witness statements of 20 people, they may only have 1 or 2 people who actually give evidence on the day,

To prove pregnancy discrimination, your looking at everything they did but it must only apply to the pregnant person.
Eg,. 10 women working in same area, woman a (not pregnant) she asks to go to the toilet, boss says no, woman b asks (she’s pregnant) she asks fir toilet, boss says no.... that’s not a discrimination against the pregnant woman as they’ve already said no to person a.

Victimised - looking at individual incidents - needs to be only against your wife.

Dismissal... was sacked - was there 2 yrs service, was correct procedure followed.

"......
It’s like looking throu a haystack for that needle...

"......
I took my ex-employer to et for unfair constructive dismissal it was a long hard slog, I represented myself although I had a solicitor in the background.
I ended up taking an out of court settlement x

matlof · 25 September 2017 at 9:37AM

Hi,
Before there was only preliminary hearing. During that preliminary hearing I mentioned some new evidence what I didn't describe in ET1 and Respondent representative said to Judge that it wasn't in ET1, so I didn't new if I can add new facts.
My wife employer put the preasure on her, during grievance made false testimony, created false documents, didn't belived my wife and as true consider everything what was said by accused managers. My wife inform the employed that due to employer behavior she is not able come back to work, that they do not treat her equly with others, that she has psychiatrics problems and on that basis employer decided terminate the contract. They treat my wife e-mail as resignation.
We didn't exchange the witness statment yet.
I think that employer treated worst my wife because she was pregnant and also because earlier she complained that she was discriminated because of her race. I am not sure what had a bigger impact (pregnancy or earlier complain) how to deal wuth that?

Thanks a lot
Matt

IAmWales · 25 September 2017 at 1:43PM

This sounds horribly flimsy. Why you think does not matter, what you can evidence does. What evidence do you have of her being treated differently to other colleagues? Can you prove others were telling lies and that it was reasonable for the employer to know this?

matlof · 25 September 2017 at 5:12PM

For example I have an e-mail exchanged between managers when they were making arangment to discus plan regaring my wife with legal advisor. After that they met with my wife and me and were lying, they were puting the preasure on my wife and let her know that she will be not able renew her nurse registration, that she will need employer support and they can not support her. They let her that they would like her to resign because they are not sure if she is going to come back to work. They propose ex-gratia payment but she didn't take it.
After matternity leave my wife wanted clarify situation and started grievance. In grievance manager deny that they said that can not support her, that she will be not able renew her nurse registration.
During meeting with employer my wife agreed also about contact during maternity leave, Employer ofered that he will visit her few time, that he will invite her for KIT days, but he even didn't wrote e-mail to her. During grievance they created false note form meting saying that my wife didn't wish contact during maternity leave. They didn't know that I was recording meeting and I can prove that they made false testimony, false note etc. The false testimony of General Manager were creted by person - HR buisnes partner which was also on that meeting. When she sent those statment to GM he wrote her back: "the statement is perfect, we just need to close this fast what is the plan"

How can I prove it was reasonable for the employer to know this? Who schould be considered as the employer? My wife worked for a private hospital chain and the main person who discriminated my wife was a General Manager of hospital were my wife worked.

matlof · 27 September 2017 at 2:30PM

I have one more question.
Is there any diference to prove discrimination and victimisation. I think that id discrimination is shifting burden of prove but I do not know how it looks like in victimisation.

Thanks
Matt

Comms69 · 27 September 2017 at 2:39PM

Hold on, you're going to a tribunal because you have evidence of them making a mistake? And you think you're going to win?

Apart from the language issue, which is obvious from your typing, the case sounds so flimsy.

Undervalued · 27 September 2017 at 3:16PM

Comms69 wrote: »

Hold on, you're going to a tribunal because you have evidence of them making a mistake? And you think you're going to win?

Apart from the language issue, which is obvious from your typing, the case sounds so flimsy.

I have to agree on both points.

This highlights the problem with being a litigant in person. It is very easy to get totally bogged down with points that you see as unfair. They may well be unfair (in the everyday sense of the word) but that does not mean they are legally unfair.

Matlof - I don't mean to be rude but you are really struggling to express yourself clearly in this thread. How are you going to manage at a tribunal against an experienced lawyer?

matlof · 27 September 2017 at 4:17PM

Hi undervalued.
You wrote that it is easy to bogged down my points. Can you write how?
I know that my english is not very well byt in tribunal I will hace interpreter.
In my opinion what they did is legally unfair. Can you for example put preasure on pregnant wooman, described situation that she will think that will be unable come back to work and after that propose her setlement if she will resign?

Matt

Comms69 · 27 September 2017 at 4:24PM

Can you sack a pregnant person? - Yes
Can you make a position redundant that is currently held by a pregnant person? - Yes

Both of those things are complicated though. I'm unclear if an employer is obliged to pay for to pay for nursing registration - I would assume yes, but it could be dependant upon contract.

The key thing, from my limited understanding, is that she was neither sacked, nor made redundant. She received maternity pay? She came back to her, or an equivalent, role?

Offering a voluntary termination isn't illegal. She declined.

The stuff about KIT etc during maternity leave is so minor that it's not worth anything. And I literally see nothing about race at all.

Not trying to scare you, but if your case has no prospect of succeeding I believe the other party can claim some costs back from you. (someone please correct me if this is not the case)

IAmWales · 27 September 2017 at 4:27PM

You're not getting this. You need to prove that she was treated detrimentally because of her pregnancy and/ or race. You've described an inept employer, but nothing that tells us how she was treated differently to her non pregnant/ different race colleagues, or that connects the employer's behaviour to said characteristics.

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