Hi Marichida, When does the CMD documents have to be in by? I may be able to assist you a little. I am not a solicitor but I have been down the road that you are now on. L x PS. Don't worry about the money and the power, trust me, you don't always need that.

Hi San_d, I can understand your situation and know that it seems to be something you can do without in signing off for the few days you wil be abroad. I am due to go abroad for 1 week and will most definately be signing off, the reason for this is that JSA means what it says, it is a benefit for one who is seeking employment, whilst I am away I will not actively be looking for work and again if the job centre was to call whilst I am away to attend an interview this would not be possible. I say that to say this, whilst you are going abroad you will have to sign off. I know this seems unfair as you are only going to be away for a few days but lets face it, they will not change the rules fo suit us. I hope all goes well with you hon. L x

Oh ok hon, if we are taking about the ET1 form it should have a section which asks you what you want if the case is successful, if so there should a box amongst others which says "compensation only" if you have ticked this box this is fine, the schedule of loss is something that is dealt with later on. If the matter does not go to court and the other side seeks to settle out of court, there is always a possibility that the compensation figure set out on your schedule of loss will be met but you need to be able to show how you arrive at the figures specified. There is a possibility that they do not give you the compensation which you are asking for but what they offer is reasonable and you are happy with it, there are so many ways that this can work out. L x

Sorry S, did not understand your previous question before you submitted your ET1, what was your query exactly? L x

Ok thanks S. When it comes to schedule of loss, as long as we are able to explain how we have arrived at the figures set out in the schedule of loss it is ok. There are compensation calculators that you can fill in on line also, this should give you some accurate figures i you have not done so already. Oh and by the way, sometimes it is up to us what we get - I did. L x

Apologies S. Am not sure what your boxes say, the form may have been updated. What ET1 form version do you have? My one is version 6.5 and this is printed on the Receipt page which you will see when you have printed off your ET1 form. Anyway, if you are not sure what box to tick you can always give the employment tribunal a call, they should have an enquiry line, they will be able to advise accordingly. How did you go about setting out your schedule of loss? L x

Hi D, I have my ET1 form with me at present, just sign the boxes that you feel apply to your case. I would tick the first box and write a brief statement in section 6.2 which would describe the incident(s) which you believe amounts to your reasons for taking this matter to the employment tribunal. As for the schedule of loss, just hold on to that for the time being, that does not need to be submitted just yet. L x

Hi D, Although the way you were dismissed was not correct, you need to appeal against the decision, your ex-employers should have this system in place, refer to your staff handbook or ask HR to provide you with a copy of their redundancy procedure & policy. ET will ask you this when and if you get to the point of filling out your ET1 form. Also remember that your ET1 form following the appeal decision from your ex-employers need to be with the Employment Tribunal within 3 months of your dismissal. Question, are you paying for legal representation? L x

Hi D, (hope you don't mind me calling you this) I send you this reply to let you know that I have just won my unfair dismissal case against my ex-employers and it is all worth it, it can get a bit much sometimes, I don't use the word stressful because whatever we have to endure the end results in matters such as this will be satisfactory. If you have a good solicitor, the battle is partly won. I was offered a compromise agreement after I had won the case, I accepted the offer then withdrew it, the remedies hearing was fast approaching where the employment tribunal would decide what my compensation would be, my ex-employers came to their senses and came to the realisation that I would probably get near enough that which I requested, a couple days after I withdrew the accepted offer they came back to me stating that they would up the figure, this figure was what I originally asked for in order to put the matter to rest. If you know that you have been upright and honest in all that you have done, pursue it and be strong. We always say that it is not about the money but when we are honest we will know that the money matters and that it is recognition that we have been treated unfairly. All the best, Lx

Hi K, I recently took my ex-employers to employment tribunal for unfair dismissal and WON!! before the actual hearing date which took almost 2 years, I buried my head in reading whatever I needed to, in preparation for what was ahead. I had a case management discussion (CMD) but no pre-hearing review, what I do know is that the pre-hearing review is for deciding certain issues and whether the claim has a reasonable chance of success. The letter sent you by the tribunal should state the matters to be decided at the PHR but both sides will have to explain the basis of their case. Be sure to take along with you all your medical evidence and any paperwork you feel may be relevant. I will be thinking of you on Friday. Lolitta x

Hi Mandyjay, You have said that no employer would employ you with your current ill health and you are right, don't let those unlearned people make you feel as though you are dishonest and that your illnesses don't matter, you are stronger than that, you know what you have been through and what you are going through, I know that it is headache and a lot of wasted time, but you should apply for whatever job you can, this is not only to appease the jobcentre but to also secure your benefits, whether it be jsa or esa, they can stop your money if they feel that you are not doing enough to better whatever your situation, they can also make things difficult for you, especially if you are in the work-related activity group, if when placing you in this group it was stated that your capability for work was limited then you could relax more. There are times when it is not even worth fighting and giving yourself undue stress, just do what you have to do to pacify them and keep them sweet, allow them to think that you are listening to them but you know that a job will not be offered to you, there are so many candidates going for the same job now a days, when they see the declaration part of your application and read that you have serious health conditions, your application will not be far from the dustbin. Don't upset yourself Mandyjay, you have more sense than these people and you know how to play the game and win everytime. L x

Hi P, You are more than welcome and you can draw from my strength. Keep me updated. Lolitta x

Hi P, (hope you don't mind me calling you this) In answer to your question, I took my company to court for unfair dismissal and disability discrimination and won my case, I approached the Legal Representation Unit who appointed me a fantastic solicitor on a voluntary basis and did she do a good job or what, I won my case but then when I think about it, the statement which I wrote on my ET1 form was enough for any Judge to see that I had been unfairly treated, it was heartfelt but most importantly it contained nothing but the truth, I had also worked for the company for 20 years. Honeybee mentioned that the other side always makes claims that the case is vexatious and she is correct, the respondents tried this nonsense with me but the tribunal was not having it, this I found out on the day that the judgement was given. There were times I wanted to give up but there was a driving force behind me urging me to go forward, in my heart I knew that the treatment which I endured was not right and when I know that a wrong has been done to me, I am one woman who will not just give up - hang on in there P and find strength for the road ahead. Lolitta x

Hi Scouse_Git, I was so sorry to read about your plight with your rep and hope that you have sorted something out if you are going to pursue your case. I went down a similar road to yourself where a legal aid solicitor let me down and said that my case did not have a chance of winning. I am an headstrong woman and when a wrong has been done to me I will battle it out to the end regardless of the outcome, I did not allow this to stop me, even if it meant me pursuing the matter alone. I eventually, however, went to the CAB (they were fantastic) who filled out a form referring me to the Free Representation Unit, I got a fantastic solicitor, I went to court 2 weeks ago and won my case against my ex-employers for unfair dismissal and disability discrimination. You have the final say and you have to decide whether you believe that you have a case to be won - you can do it. All the best honey. Lolitta x

It seems quite early in the day for ET to be requesting that a schedule of loss be set out. I agree with stuart_coogh you need to get yourself a solicitor. Don't know what your financial situation is but have you tried legal aid? I know that they would not attend court with you but they would be able to assist you up until this point, they would help you to set out a schedule of loss also and can arrange legal representation for you if it reaches to a full hearing. Have you had any dealings with ACAS at all? Lolitta x

Hi, Sidewinder is right, concentrate on the facts stated on your ET1 form, whatever the tribunal decides will be on the basis of what you have included in your ET1 form. Have you submitted the form as yet? Believe me when I say this you will have enough to deal with during this process and will not want to conern yourself with anything that is unnecessary, listen to your husband, I am sure he knows what he is saying. If this is about constructive dismissal, focus on that and make sure that you have relevant paperwork to back up your claim, your legal representative will advise you accorindingly in due time. As for no win, no fee solicitors, they have to be certain that your case is worth fighting and winning before taking it on. All the best Lolitta x

Going to court and hearing the judge rule in my favour for an unfair dismissal and discrimination case - Victory made me smile today. L x

Thank you Sidewinder for your quick response. I will have to ask her husband who is also a doctor to write the report, I had to see him one day due to my lateness to see the lady doctor, who is his wife would you believe, the man was soooo nice, nothing like his wife. Thanks again. Lolitta x

When attending a CMD a couple of months ago to which my ex-employers did not turn up, I was advised by the Employment Judge that another CMD hearing would be arranged, I am to attend 27th May. Whilst there the Judge referred to a paragraph on the ET1 form filled out myself stating that I was discriminated against due to my ill health (I was dismissed after 16 years service on capability grounds, due to sickness within the last 3 years of employment). The OH report stated that I fall within the remits of DDA. The Judge said that the OH report does not prove this to be a fact and as a result advised me to get some kind of report preferably from someone in the medical profession who would be able to confirm this. My question is who would I receive this information from? I really hope that the question is not my Dr, as she is rubbish? Thanks all Lolitta x

Hi Lanney50 I wish you the very best and will be thinking of you. I love your spirit, many people would have given up because the respondents can be so horrible at times, you keep your head up and draw strength from all of us who are behind you in this. Lolitta x

Hi, You ask if this is common practice for large companies, yes it is and they most certainly do not care about the example they may be setting for staff which remain, I agree with elpulpo, the ex-employee may well have a case, these matters always go deeper than what we think. L x

Is it not possible for them to let you know what is in the letter they have supposedly sent out to you over the phone? there could be something you could be doing in the meantime rather than sitting down and waiting for this letter that may never arrive. I cannot believe just how uncaring these people are. Lolitta x

Hi Ikd79 Your grandfather will most probably have to pay this back but do not allow them to pressurize him in paying it all back at once, he is 80 and I assume has only a limited amount of income, secondly this is their mistake, so when offering your monthly amount make sure it is as little as possible so there is not too much stress on your grandfather. Your grandfather will be fine, he has caring grandchildren like yourself assisting him. Let us know how you get on. L x

Waking up this morning and seeing my mother's day present from my daughter, a lovely pair of high heeled leopard print shoes (4 1/2) inch. I love shoes, going to make something to eat now and will be wearing them whilst doing this L x

Hi Citizenkain, do you know why exactly you are no longer in receipt of council tax benefit? the reasons do vary and also why your JSA has been suspended, I don't think the DWP have anything to do with your council tax. Try speaking to council tax department and Job centre in the week and get this matter rectified, don't assume the worse. I am going to feel awful tomorrow when I am eating dinner, knowing that you may not have eaten, I feel quite saddened by your situation. Let us know how you get on in the week, this matter will be sorted before you know it. Lolitta x