Advise for representing myself at an employment tribunal hearing
willow1990
Posts: 3 Newbie
Hi Everyone,
I am pretty proud to say that I have got as far as an employment tribunal hearing at the end of August for maternity discrimination, unfair dismissal and failure to follow flexible working request procedures all by myself. I am feeling pretty confident that I have a strong case, I am organised, confident and determined.
However, I am now in the process of planning and preparing myself for the big day and I am at a bit of loss about exactly what will happen. I wish the tribunal sent you an information booklet about what you are expected to do!
At the moment I am working my way through the documentation and creating any relevant points I can gather. For example anywhere where they have contradicted themselves, anywhere they lack evidence, anything which is not true etc.. basically anything that will support my case. Once I have gone through all of my documents I shall do the same with their witness statement. I will then pool all of my points together and see what I can use to argue each point I have etc. I am also going to go through my witness statement and try to anticipate what they will ask me.
What I am a bit confused about is what structure does the cross examination take? Can I do it point by point, as in point 1 they haven't followed procedures,,, this documents, this part of your witness statement etc, point 2; he isn't a credible witness because,,, document 4... document 5 etc... Or do I do it in a linear order as if you are reading the bundle from front to back stopping at each point to make a question when a point can be made?
I heard somewhere you focus on the bundle before the witness statement? Does the questioning not end up being a bit all over the place if it is not in any structure that benefits your points?
What will happen at the hearing? Will I read my witness statement, be cross examined and then cross examin the defendent? When do they get examined by their representative and how will that work since obviously I will not be able to examin myself?
I am under the impression I can only use questions that get a yes or no answer? Are there certain things you cannot ask, like on the TV shows when you hear the defendent's barrister asking for the questions to be denied because they are irrelevant or hearsay?
I believe I should made a submission, like a summary of my argument. Is this like an essay on what I believe happened, the evidence to prove it and why this is illegal based upon case law etc?
Basically I just want a bit of a heads up so I can prepare correctly!
Also,,,, the respondent had requested that my case be struck out and a deposit order made if not. The judge at the PH said that would not be happening. I cannot see how the respondent can win because they have no evidence (literally nothing) for their defense. However, after being threatened with a cost order I requested a pre-hearing review because I thought it would be best if we both knew where we stood before progressing further. The judge never mentioned this at the PH does this mean that the respondent does not want a pre-hearing review? Surely if they were concerned about the money it would cost to continue with a hearing, and if they were convined I had a weak claim then they would have been happy to do this? If not I am going to bring this up at the hearing....
Any advice much appreciated!
Thank you
I am pretty proud to say that I have got as far as an employment tribunal hearing at the end of August for maternity discrimination, unfair dismissal and failure to follow flexible working request procedures all by myself. I am feeling pretty confident that I have a strong case, I am organised, confident and determined.
However, I am now in the process of planning and preparing myself for the big day and I am at a bit of loss about exactly what will happen. I wish the tribunal sent you an information booklet about what you are expected to do!
At the moment I am working my way through the documentation and creating any relevant points I can gather. For example anywhere where they have contradicted themselves, anywhere they lack evidence, anything which is not true etc.. basically anything that will support my case. Once I have gone through all of my documents I shall do the same with their witness statement. I will then pool all of my points together and see what I can use to argue each point I have etc. I am also going to go through my witness statement and try to anticipate what they will ask me.
What I am a bit confused about is what structure does the cross examination take? Can I do it point by point, as in point 1 they haven't followed procedures,,, this documents, this part of your witness statement etc, point 2; he isn't a credible witness because,,, document 4... document 5 etc... Or do I do it in a linear order as if you are reading the bundle from front to back stopping at each point to make a question when a point can be made?
I heard somewhere you focus on the bundle before the witness statement? Does the questioning not end up being a bit all over the place if it is not in any structure that benefits your points?
What will happen at the hearing? Will I read my witness statement, be cross examined and then cross examin the defendent? When do they get examined by their representative and how will that work since obviously I will not be able to examin myself?
I am under the impression I can only use questions that get a yes or no answer? Are there certain things you cannot ask, like on the TV shows when you hear the defendent's barrister asking for the questions to be denied because they are irrelevant or hearsay?
I believe I should made a submission, like a summary of my argument. Is this like an essay on what I believe happened, the evidence to prove it and why this is illegal based upon case law etc?
Basically I just want a bit of a heads up so I can prepare correctly!
Also,,,, the respondent had requested that my case be struck out and a deposit order made if not. The judge at the PH said that would not be happening. I cannot see how the respondent can win because they have no evidence (literally nothing) for their defense. However, after being threatened with a cost order I requested a pre-hearing review because I thought it would be best if we both knew where we stood before progressing further. The judge never mentioned this at the PH does this mean that the respondent does not want a pre-hearing review? Surely if they were concerned about the money it would cost to continue with a hearing, and if they were convined I had a weak claim then they would have been happy to do this? If not I am going to bring this up at the hearing....
Any advice much appreciated!
Thank you
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Comments
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https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/employment-tribunal-hearings/
this might help or make an appointment at your local citizens advice centreThe mind is like a parachute. It doesn’t work unless it’s open.:o
A winner listens, a loser just waits until it is their turn to talk:)0 -
Hi thank you the citizens advice in my area does not cover legal help! Nor does the student law centre so I am on my own. I will have a look at the link though. 0
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So well done for getting so far.
I think you need to find some way of getting professional advice - as a lot of these things are done by the technicalities and the letter of the law not by the underlying injustice inthe case.
Is there a nearby town you could get to cheaply where the CAB do offer that advice. Or could you try a union, difficult going to them with a preexisting case, but I am sure a determined organised person like yourself might be able to blag a consultation
cheers and good luckI think I saw you in an ice cream parlour
Drinking milk shakes, cold and long
Smiling and waving and looking so fine0 -
Thank you.
Well I went to a near CAB and they wouldn't speak to me regarding my ET because I was from an area that doesn't specialise in legal advice.
It was a really small company that doesn't have a union.
Honestly I feel really confident. To give you a basic understanding. I was dismissed via letter without any prior warning 2 days before christmas when 3 other members of staff are still performing my role who were not considered for redundancy. Two of which started after I did, one of which was covering my role on maternity leave (although they hired her permenantly rather than temp). Their only argument was that I was dismissed due to sales. They have never explained why I was chosen over the rest. After going through ACAS they insisted I appeal (although I felt I could not return) after I wasn't given a right to appeal initially. I appealed after being persuaded to by ACAS. Suddenly after realising I had began proceedings for the ET they offered me my job back, which I declined due to a lack of trust and cofidence.
The respondent's arguement is simply that upon my successful appeal I was reinstated with the company and therefore my dismissal never technically happened. They haven't even tried to defend any discrimination claim or argue why they dismissed me in the beginning. I was not aware that I had been reinsated as they offered me my job back, didn't explain they had reinstated me, and haven't paid me since!
At the PM they tried to get my claim struck out on that basis the judge pretty much laughed in their face because it was a weak argument due to the fact that I wasn't aware, I didn't consent to be reinstated, I haven't been paid, and nothing about this procedure is mentioned in my contract. The judge said if on the off-chance this dismissal has "vanished" due to being reinstated then they will judge my cased as an act of constructive dismissal.
Since then I have found that they have one witness only, leaving two witnesses who were mainly involved in my case not coming to the stand to argue their defense.
They have NO evidence. They actually have less than me!! They don't even have email correspondense I have simply official letters we made to each other. No documentation, no minutes from meetings, no notes, no emails nothing! No proof that they ever re-instated me. Any they have also contradicted themselves and clearly lied throughout based upon their documentation.
What other technicalities could there possibly be to bite me in the bum? I just want to know the best way to make my points for the best effect. 0 -
That is an awful lot of questions! There's just too much there to answer - we'd be here all year explaining it. There's loads of stuff on the Internet. Use Google.
This book is the best guide going http://etclaims.co.uk/about
But it's pricey. They're may be a reference copy in a local library. If you can find a library...0 -
That is an awful lot of questions! There's just too much there to answer - we'd be here all year explaining it. There's loads of stuff on the Internet. Use Google.
This book is the best guide going http://etclaims.co.uk/about
But it's pricey. They're may be a reference copy in a local library. If you can find a library...
There are a couple of copies on eBay... I just bought one for my own tribunal. Hopefully £5 well spent0
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