Thank you so much everyone for your good wishes. At least I smiled when reading them and not cried I appreciate where you are all coming from - all three sides in those replies really. Good luck BB with your review and appeal and for gods sake get that appeal in sharpish we got our judgment Xmas eve with pages missing and naturally couldnt get anywhere with ET due to holidays. We eventually got them through mid January and the missing page comments were added to appeal and sent off..................guess what OUT OF DATE. Yep our barrister (a top one apparently - ha ha) £1000 per day x 4 + solicitors fees. EAT would not agree to extension of time but we have used information given to us earlier on here and quoted Rule 3 at them and asked them to reconsider. We dont hold much hope but we just want another judge to look at the cock up that was made............if we get that and lose, I'll be settled. Luckily no work to do on that front as its all done so after the decision not to go for PI has been made I am already clearing my desk of mountainous amounts of notes and paperwork (wont shred it yet though - not ready) Papas. I gather a union man........I hope not an ET rep my friend as they are useless (or at least in OH's union). OH was a local committee official but could not believe the way they acted when it came to cards down time (having them spend some money to help a member). After 32 yrs of subs he deserved some help but they were rubbish. From your postings and advice given freely I imagine you are NOT one of those thank heavens:-D Again thanks and good luck to you all - WE DESERVE IT FOLKS.

Oh how sad I was to read your message. We have decided against it. I managed to get advice from a friend of a friend who is a solicitor but not trained in personal injury but she was my only hope. Anyway she has got back to me and whilst she thinks it certainly deems recompense the forseeability aspect will be exceptionally hard to prove even with the evidence we have. The fact we failed at ET will probably go against us and may be seen as litigious and we could end up with costs of employer which we certainly could not afford. On the 'balance of probabilities' we have decided we can't afford it. We have been let down so badly by OH's union and crap barrister but we have decided purely to write to employer and copy the BIG BOSS who naturally never hears of the shortcomings of his managers and then at least even though we will be a lot poorer with OH having to finish work 7 years before he should, hopefully we can get some closure and work to get his mental health back to some form of even keel and he may even think of a part time job later on. Until that time my little job may have to become full time but we aren't prepared to risk everything we have to be shot down again. WE KNOW HE WAS WRONGED, everyone we speak to knows he was wronged, but in the eyes of the law perhaps he was 'over sensitive'...........they don't know my OH, he was a union man too and very forthright - perhaps thats why they did it to him and why he fell so hard. Who knows. We are just going to concentrate on getting him well and put the lottery on once in a while. Lindyhop go for your ET claim, you have more chance there than PI route and remember their actions must be forseeable (in that you warned them etc.) and negligent (oh god that is the PI route - I am confused now my mind is so full of this stuff). I wish you well and good luck to anyone going through the same hell - its taken 3 years out of lives that we will never see again, caused more grey hairs and wrinkles than I care to count but we just cannot risk the amount of money we could be liable. I thank you for your support and wish you all well

Hi LH. I felt every word you said in your post. The one thing is that at ET you shouldn't have costs - very rare, even if you lose that they are awarded unless the claim is classed as vixacious. ACAS got in touch very quickly but despite wanting to be copied with everything (I did most via email as lest costly) it was not until 3 days before ET they contacted employer. Perhaps asking them when ET3 received whether they could contact employer may set ball rolling. He tried apparently, but they wouldnt return his calls. If mediation/conciliation is a chance they will do it - but employer has to be willing. It's not as daunting as you think - yes its nerve wracking but panel are 3 normal people (well one with law knowledge) but they take account of lay people not having extensive legal knowledge. Once ET3 is in you will be offered a case management discussion (unfortunately the judge is not the same as at tribunal usually) where he tries to get sides to talk, go over the case. It depends on how willing they are to negotiate but if like ours they have no intention dont be too worried about the actual hearing. Good luck - not sure on our decision yet, OH's pension has been hammered already so unsure. All the best

Thanks papasmurf for your comments. I appreciate they are hard to prove and know the 'law' has many holes in which employers can hide. However, one thing transpired from employment tribunal. Employers admittance in writing: He had a permanent physical disability that was not taken into account before he was transferred to another department Due to this then being identified he was left 'absolutely too long' on enforced gardening leave He was not given detail of employee counselling service until 6 months after transfer (despite their guidelines stating he should have been given it on transfer) He was continually refused access to Occupational Health (8 times in writing) He had no manager or job for 4 months and no constructive contact. Thereafter and whilst on sick leave with depression they: did not identify a job for him to return to work did not follow their own Occ Health guidelines etc etc We WOULD take legal advice, if someone was prepared to give it!! We've tried and they are just not interested. I appreciate letting go would be less costly monetary wise, but I cannot see OH EVER letting this go mentally without knowing we have looked at all options. We can always pull out before hearing (probably at cost) but as I said earlier, its so hard to find out from the thousands of documents on court site, exactly where things start and stop. I am hoping employer will agree to negotiate with the evidence we have......................but its not really their style, they have massive legal team as this is a global company with lots of money. I certainly appreciate any comments that you and anyone else cares to give (whether they are what I want to hear or not) as I am openminded about everything. Thanks for your prompt reply.

Hi. I have found this thread whilst looking for advice and would advise to go to ET on your own - if you get there. Hopefully they will offer settlement. OH was badly let down at ET. Same problems of which I will not go into chapter and verse but he was caused psychological injury BIG style in June 2009. He was in union who told him after he had been dismissed in Dec 2010 after 35 yrs! that they recommended ET. We lodged claim, they said they would arrange follow up to see WHETHER they would represent him. We were even down to Case Management Discussions before they gave him an interview and by which time we didnt have all the information we subsequently got from employer during disclosure. They gave him a 30 min interview and took a further two months to come back and say sorry we're not helping you as not more than 51% chance of success (based on their limited information). We decided to go it alone - its not that difficult once you get into the mindset (however, I did the work for OH as he could not possibly have done it and therefore I send my heartfelt GO FOR IT vibes but it will be hard). We were swayed by people saying we needed legal representation so decided to hold onto the disclosure of docs etc. and couldnt afford to pay full time solicitor but asked them to represent at hearing. They agreed. We had a bundle of almost 1000 pages in the end and two weeks before hearing solicitor took ill and case was handed to barrister (24 hours before ET started!!). We paid out £1000 per day for this guy, he was useless and I so wish I had followed it through myself - IT ISN'T THAT DAUNTING HONESTLY. We lost as employer hired in the big gun lawyers and despite bullying, gardening leave, discrimination being admitted - they got off with it because our barrister didnt do his job and highlight their shortcoming. We registered for EAT but were two days late due to Xmas break and not getting full judgment through in time - but it didnt matter, it was out of time. We were told to go PI route. Not a damned hope. Stress claims are so hard to prove that many NWNF solicitors arent interested - we tried 10 in all most of whom said we had a good case..BUT...........not enough time to investigate. SO GET THAT PI claim in early. Anyway we have about 1 month to go and I am currently wading through Justice website which is mind blowing. No solicitor will even allow us to PAY for some advice on how to do this, CAB have said they dont have resources, we dont qualify for free help due to OH pension he had to draw to live on so as we have MOUNTAINS of evidence medical and procedural, we are on our own. I am trying to find out how to sort out the initial claim form - think I am close but am searching for any hints on here. OH still suffering severe depression and receiving constant treatment - in fact still being accompanied when out for fear of what may happen! The Personal Injury monster has been created so that only in my eyes, small easy to win claims are taken on. People with genuine severe cases are left high and dry. This could cost us more money but will serve to show that we TRIED. I would hate in a few years for OH to be thinking, What if? So we dont get another holiday:roll: nothing new, but its not easy for psychological cases at ET or PI through courts - but hey, we have got to try. Good luck to you, ACAS will contact you soon and perhaps getting them to intervene early with employer may get you a settlement, but do not worry about ET on your own - in fact in our case, I would recommend it and many many cases are run by individuals. Anyway.......I must try and find what I came on here for..........help with psychiatric PI claims and civil actions claims

I certainly will and thanks for your tip which I had not a clue about until you mentioned it.

Many thanks yet again. Yes I do understand and I am busy checking the rule you mentioned. We did actually lodge the appeal on the grounds that the judgment was one "no reasonable tribunal could have reached" once we had provided details of the errors in tribunals recording of agreed (at the hearing) evidence. Plus the judge used statements from two individuals that did not appear and whose statements were actually officially (and accepted) as being withdrawn during the hearing. This was as well as the quite open discrimination by respondent and judge during the hearing towards my husbands illness. I did not know about the 'dissatisfied part' and will take that further depending on what we get back.

Not really, we are barely getting by n ow

Thanks becky2585 for your response. We are within time and have lodged the appeal just in case we decided to go ahead whilst awaiting the judgment review which has since been received and the judges verdict remained the same. We have made the appeal on a point of law but thanks for the information. Madari thats very interesting and I will look further into it

Didn't want to make another thread so thought this one was close to my enquiry. OH been on ESA contribution based since going onto half pay at work (from where he was subsequently 'let go'), was turned down, he appealed and won easily. Another medical 5 months after, turned down and awaiting appeal. With new law, is it worth him pursuing this appeal as his 12 months will be up on contribution based ESA? As he has a pension from work which is by no means healthy but JUST enough to stop him qualifying for income based ESA when my small income is taken into account. He couldn't even get through a pathways to work interview (or whatever they're called now) without breaking down when his old job and how he was treated was brought up. He is also physically disabled but has never claimed DLA or anything as we managed. Just wondering whether it's worth the bother of going through the appeal (which he could mentally do without) if it means he gets nothing anyway? Heavens knows what he would do if trying for JSA but suppose he would have to if he wanted any form of income. Any help appreciated

Just 'happened' upon this site and it has some very useful information and has made me realise my own problems are not unique with Employment Tribunal Judgments/Judges. Unfairly dismissed by very large firm for ill health (but not eligible for medical retirement naturally) after 35 yrs service. The illness leading to dismissal was depression - purely caused by 19 months of being left abandoned due to a manager hiding details of my physical disabilities which were on file for some 20 years. New manager wouldnt have me because of disability and I was put on gardening leave for 6 months without a word. Union advised me to go to ET but then 5 months after (when I eventually got an audience with them) they said they wouldn't represent despite not having all information. Decided to go it alone. Against what we were going to do (represent ourselves) we were talked into getting barrister as very complicated case. He didnt look at the 700 page bundle until 24 hours before hearing and we were basically hindered by him. Long story short, lost but judge very friendly with employers lot and judgment was incorrect. Asked for review which took 10 weeks to get back (unchanged) and have appealed to EAT. Dont know whether we have the knowledge to take EAT on our own as no way will I lose another £5K of my hard earned pension on a barrister. We can't get no win no fee as disability discrimination they wont touch. Can you do E T Appeal on your own or is there some way they would make decision without appearance? Any help much appreciated.