Preparing for Pre hearing review

[live life be happy]

Hi,

 

I'm struggling to get my head around this for some reason. I have a PHR for the following matters to be decided:

1. Whether to strike out all or part of claim as it has no reasonable prospect of success.

2. To ascertain what is/are the claims. What the issues are in the claim - the matters in dispute the ET will decide. Whether any further information is required of either the claim or grounds for resistance.

3. To make such orders as appropriate for the hearing inc disclosure of relevant documents, preparation of sets of documents, preparation and exchange of witness statements.

4. Allocating time for hearing after consideration of the parties estimates of it's likely length and to fix date of hearing.

5. To make such other orders and directions to achieve an early and just conclusion of the proceedings.

 

Lastly, to consider that some or all of any party's case has little or no reasonable prospect of success to make an order for up to a £1000 deposit.

 

I have submitted ET1 for Disabilty discrimination, breach of implied mutual trust and confidence, failure to follow own grievance procedure/failure to hear new grievance, failure to make reasonable adjustments and support any return to work, protected disclosure. Although with the p/disclosure, I now think technically it was not made in good faith so will ask for it to be withdrawn - what's the best way to word it without rubbishing other claims?

 

Respondent has said my claim is time barred, no disabilty exists, protected disclosure not made in good faith, lack of reasonable belief, no detriment and requested the PHR. They submitted a 28 page ET3.

 

I've never been to an ET although have read up on them and no idea what to take with me to this PHR. Also, I remember a few posts on here stating do not resign while still been employed. Why? Would using test case be helpful for my claim at the PHR and where would I find the relevant ones?

 

Any advice much appreciated.

[becky2585]

Hello

 

Do you have another thread with any factual background? It's impossible to help without knowing a little more!

[live life be happy]

Hi,

 

I should of done that yesterday, whoops.

 

This is me under different username but it does state why:-

http://www.consumeractiongroup.co.uk/forum/showthread.php?347021-Grievance-procedure-and-policies&p=3803642#post3803642

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338214-Been-accompanied-in-grievance-meetings-question.&p=3721203#post3721203

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348346-Recording-meetings-with-employers&p=3829668#post3829668

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?358333-Potential-ET-time-and-claim-limit&p=3912460#post3912460

 

There is one more which I need to dig out which from memory is the first post made.

 

HTH's

Edited January 18, 2013 by live life be happy
amend post

[Emmzzi]

I am confused by all the threads. Can you please summarise the situation in a few bullet points? (And can you please bookmark and stick to one thread now )

 

I can't work out if you were dimsissed for gross misconduct, or if something else happened.

[Pusillanimous]

Just state that having received the Respondent's ET3 you now wish to witdraw the protected disclosure claim. The onus is on you to prove your claims, so you need to collate your evidence. Case law not necessary at this stage.

[live life be happy]

To try and do a bried summary, I've copied and pasted this from the first link (second page) Sorry if it's confusing but I hope the following will shed some light on matters:-

 

I was the victim of an armed robbery at work at knife point. I was knocked out when one of them hit me over the head with something then given a kicking by both when I was down.

 

My grievance was raised because the robbers got into the building by one of the staff giving them a key they took from the site managers office. I showed evidence to the Police that they had got into the building before and stolen goods and the robbers even had the nerve to return the week after the robbery (after I returned back to work) as my works did not nothing to change locks, security, etc. When they returned that really spooked me big time and I have been unable to go anywhere near the place. The Police have said it was an inside job. The robbers were never caught and the case has been closed unless further evidence comes to light. I asked what the outcome was on the internal works investigation and was told there wasn't one and they have no idea how the key went missing.

 

They have covered there backs quite well while either ignoring me or with misleading and false facts. I have been off work since last October (2011) and no longer paid either employee pay or SSP, only IIB. The first grievance meeting I had I recorded and when they produced there outcome, I contested it and produced a copy of my own minutes to prove the outcome was misleading and flawed. Since doing that it has been a real struggle - as expected - to get either any help or support from my employers.

 

I have been asking them for copies of policy and procedures for months and they say they don't exist and there is no written statements concerning any policies. I caught them lieing a while ago and tried to raise another grievance as they wouldn't allow new points - they were not interested in hearing my new grievances which included that I had lost any trust and confidence for trying to bully and harrass me into a meeting with them. They claimed a fellow worker attended a meeting I was due to go to but the meeting was never confirmed and no time ever mentioned. I also asked for reasonable adjustments to be made because of my condition and for a copy of the discrimination policy - they claim they do not have one. When I asked about lone worker risk assessments they told me I should know where they are and when I said I didn't know and I asked the Director where they were, they did not know but just stated that they will be there somwhere ......

 

So basically, where I am sat today is. I've had two grievance meetings AND an appeal and all have been recorded. I've had three outcomes which I do not agree with and do not match what was recorded in the meetings. The last meeting, which was the appeal has cherry picked what they wanted to, dismissed my version of the minutes and now told me that the matter is now closed. They refused to hear a new grievance so I raised my ET1.

 

Hope that makes sense? I'm sure I have left other things out hence me posting up the other threads.

[Emmzzi]

Ok. Have you spoken to a lawyer about the personal injury route?

[live life be happy]

Yes but they aren't willing to talk about the ET unless there fee's are met

[Emmzzi]

Personal not injury claim would be an alternative to an et - an insurance claim in effect. This may be a better choice for you.