Accident at work, now it gets compliacted...

[Onceuponatimeinkent]

Hello there onceupon. I have my fingers, toes and eyes crossed for you. Please let us know the outcome, or I shall be incapacitated for some time .

 

My best, HB

HB, I'll let you know as soon as you can uncross things!

[Onceuponatimeinkent]

Just had an email from the tribunal service, my claim has been accepted for unfair dismissal and breach of contract! The respondents now have 28 days to reply! Once again, elation and terror are my only two emotions right now!!! Breathe...

[Onceuponatimeinkent]

Hi everyone, time to report in. On the 28th and final day after I submitted my tribunal application, I received a letter from my previous employer's solicitors detailing much of what was said by the MD earlier.

 

However, from initially being 'unsuccessful' to 'negligent', they are now saying I was grossly negligent! Why they never informed me of this right at the start I'll never know. If I was grossly negligent, WHY did they send me all the paperwork to complete to fill out as if I was going back to work for them (bank details, NI number etc)? And WHY was there never any meeting to discuss any of these issues? They are still going on about the fact it was my responsibility to report a dangerous area when EVERYBODY in management already knew this. Everybody.

 

The letter ends with them asking me to withdraw my tribunal claim within 7 days from the date of the letter (23rd April) and they say they will refer to this letter at a hearing. It says 'without prejudice save as to costs' at the top too, can they use the letter at the hearing then? They are going to claim for their costs, which I expected, and draw my attention to the tribunal rules of procedure section 40 pt2 & 3:

 

(2) A tribunal or chairman shall consider making a costs order against a paying party where, in the opinion of the tribunal or chairman (as the case may be), any of the circumstances in paragraph (3) apply. Having so considered, the tribunal or chairman may make a costs order against the paying party if it or he considers it appropriate to do so.

 

(3) The circumstances referred to in paragraph (2) are where the paying party has in bringing the proceedings, or he or his representative has in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by the paying party has been misconceived.

 

The solicitor's letter goes as far as saying I 'acted vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by the paying party has been misconceived.'

 

Thats really funny. I'm the one who has the issue with them and yet I'm the one they are saying is unreasonable and my actions are misconceived.

 

So anyway, they want a response from me, do I reply direct to the solicitor or go via the tribunal service...?

 

Any advice very gratefully welcomed!

[Bigredbus]

Hi, and thanks for the update...

 

Usual stalling and intimidatory technics... which I would bring to the attention of the tribunal... despite the letter mentioning being 'without prejudice'...

 

I remind you that... The Health and Safety at Work Act 1974 and the Occupiers Liability Act place a responsibility upon the employer, so far as is reasonably practicable, that the means of access and egress from its premises are maintained in a condition that is safe and without risk to either its employees or other persons.

 

 

What response do they now need from you? and responses should be addressed to their solicitors, with a CC to the tribunal.

Were you the first employee through the gate that day? (if not, how many times do they need to be reminded?)

Edited April 26, 2010 by Bigredbus
Addendum

[mariefab]

I received a similar letter from a respondent's solicitor years ago.

 

I wrote back that I really appreciated them letting me know that the Tribunal could award costs. It was so sweet of them to do so, especially as they were working for the respondent. That I'd be sure to keep an accurate record of all my costs and if at any time they wished to know my costs to date I'd be happy to let them know.

 

It was a really gushing letter and I would have loved to see the look on the face of the receiver.

 

I've probably still got a copy around somewhere, let me know if you want me to hunt it out.

[Onceuponatimeinkent]

Hi, and thanks for the update...

 

Usual stalling and intimidatory technics... which I would bring to the attention of the tribunal... despite the letter mentioning being 'without prejudice'...

 

I remind you that... The Health and Safety at Work Act 1974 and the Occupiers Liability Act place a responsibility upon the employer, so far as is reasonably practicable, that the means of access and egress from its premises are maintained in a condition that is safe and without risk to either its employees or other persons.

 

What response do they now need from you? and responses should be addressed to their solicitors, with a CC to the tribunal.

 

Thanks BRB. I suspected tactics of some kind, its quite worrying when solicitors letters come dropping through your door, especially intimidating ones. The response they want, from what I can tell, is for me to drop my tribunal claim within 7 days!

 

I just called the tribunal service and explained the situation, they have no record of receiving a copy of this letter and seemed quite puzzled about the fact the solicitors are asking me to withdraw my claim. They also said they had received a response to my claim, sent by fax on the 23rd April, to the tribunal service. My copy should be arriving soon. That will be interesting! They were unable to offer advice as to how to proceed, i.e. do I write to the solicitor or not.

 

The final paragraph of the letter, and I quote:

 

'You are invited to withdraw your claim within seven days from today's date (23rd April) on the understanding that the respondent will not pursue any application for its costs incurred to date. You should seek independent legal advice or consult your local CAB.'

 

Strange days...

[Bigredbus]

You should reply by telling them that you acknowledge receipt of their letter and that you have no intentions of withdrawing your claim which you believe is meritorious... and confirm that a copy of the same will be filed with the tribunal.

 

Silly lawyers, sometimes...

 

Make sure you send your letter by recorded delivery... even better if you can 'Special Delivery before 1pm'... so you can follow its progress and print out a copy of the receiver's signature...

Edited April 26, 2010 by Bigredbus
Addendum

[Onceuponatimeinkent]

I received a similar letter from a respondent's solicitor years ago.

 

I wrote back that I really appreciated them letting me know that the Tribunal could award costs. It was so sweet of them to do so, especially as they were working for the respondent. That I'd be sure to keep an accurate record of all my costs and if at any time they wished to know my costs to date I'd be happy to let them know.

 

It was a really gushing letter and I would have loved to see the look on the face of the receiver.

 

I've probably still got a copy around somewhere, let me know if you want me to hunt it out.

 

Hi Mariefab, do I take it from your posting that you were successful in your tribunal claim?

 

If you still have the letter I'd love to see what you wrote!!

 

I certainly have no intention of dropping my claim, they messed up big time and I want my day in court, so to speak!

[mariefab]

I take it from your posting that you were successful in your tribunal claim?

 

It didn't get that far.

They didn't respond to my letter of thanks.

The next stage was the disclosure of documents and after they received my list they responded with a settlement offer.

Negotiation ensued, then Kerching!

 

I'll have a rummage for the letter and post it for you later.

Edited April 26, 2010 by mariefab
typo

[Onceuponatimeinkent]

 

Were you the first employee through the gate that day? (if not, how many times do they need to be reminded?)

 

No, management always arrived well before the rest of us. As I said previously, they had to close the grounds in the afternoon on the day of my accident because they ran out of grit and that was management's decission... So I wonder, do they have short term memory loss to forget all about the poor, icy conditions and then look to blame me...? Hmmm...

[Onceuponatimeinkent]

I take it from your posting that you were successful in your tribunal claim?

 

It didn't get that far.

They didn't respond to my letter of thanks.

The next stage was the disclosure of documents and after they received my list they responded with a settlement offer.

Negotiation ensued, then Kerching!

 

I'll have a rummage for the letter and post it for you later.

 

Result! Well done!

[mariefab]

Amended just to remove names and dates and copied with considerable glee.

 

Dear ...

 

I was a bit surprised to receive your letter informing me that a Tribunal can award costs and feel that I must thank you for your kindness in letting me know. I haven't been keeping track of my costs because until now I had no idea that these could be claimed. However, I'm sure that I'll be able to calculate them fairly accurately and if you would like to know my costs to date please let me know and I'll be happy to provide them.

 

I really didn't expect to receive legal advice from the respondent's solicitors but I suppose that your client must have told you that I'm just an ordinary Mum representing her daughter so you decided to help me out. It was very sweet of you to be so thoughtful and you can be sure that I won't let on to your client that you've been assisting me.

 

Again, I'm most grateful for your generosity and look forward to meeting you at the eventual hearing.

 

Yours ...

[honeybee13]

Mariefab, your letter made me and my OH chuckle. I think it's priceless. Funny they never replied . HB

[Bigredbus]

It all makes me wonder if the solicitors got the claimant and respondent inversed... hence asking one of you to withdraw their legal course of action!

 

They just might have!

[Onceuponatimeinkent]

Received their response to my tribunal claim today, full of inaccuracies and not even dealing with all the points I raised... I'll add a few details later when I get more time! It makes interesting reading!

[honeybee13]

It sounds fascinating, onceupon and not too surprising that they couldn't get this right either. I look forward to reading it. Hope you're well.

 

HB

[Onceuponatimeinkent]

It sounds fascinating, onceupon and not too surprising that they couldn't get this right either. I look forward to reading it. Hope you're well.

 

HB

 

Hi HB,

 

This is the reply I sent out...

 

I am unable agree to your request to withdraw my tribunal claim. In the spirit of fairness, it is for the tribunal to decide if my claim is, as you say in your letter, ‘misconceived and/or otherwise unreasonable’.

I look forward to meeting with you at the tribunal hearing.

Yours sincerely... blah blah blah..."

 

Short and sweet. Job done. I cc'd ACAS and the tribunal folks too, with my response and the original letter from the solicitors, just so everybody is upto speed with whats being said... Funny how the solicitors didn't send a copy of their letter to either ACAS or the tribunal, so I helped them out and did the job for them.[/font]

Edited April 29, 2010 by Onceuponatimeinkent
typing error

[honeybee13]

Mariefab will be proud of you, and so am I. HB x

[mariefab]

I cc'd ACAS and the tribunal folks too, with my response and the original letter from the solicitors, just so everybody is upto speed with whats being said...

 

How very thoughtful of you!

[joesoap]

Can't see you having any problems with these bunch of clowns onceupon!

[Onceuponatimeinkent]

UPDATE!!! Had a letter from my injury solicitor regarding my accident at work which kicked this whole thing off... They have admitted a breach of statutory duty!! Right, breathe.....

[mariefab]

Excellent news!

One (on it's way to being) down - one to go.

[honeybee13]

Brilliant news! Well done for your persistence. HB

[Bigredbus]

UPDATE!!! Had a letter from my injury solicitor regarding my accident at work which kicked this whole thing off... They have admitted a breach of statutory duty!! Right, breathe.....

 

Voila!

 

Well done...

[Onceuponatimeinkent]

No news is good news right? Had to supply a detialed statement to my solicitor regarding my injury claim and I had a brainwave... The defendant's insurers are claiming I didnt have the accident on site (even though I was witnessed by two members of management falling). My brainwave is this: I remembered that there is CCTV and that I walked past the camera twice immediately after my accident, now hopefully that will confirm I was already injured WHILE ON SITE! Awaiting a response from the defendant as I type, any news will be posted here...