Employment Tribunal - In Over My Head

[Ahhhhhhhh]

HELP!

I have claimed unfair dismissal following whistleblowing and have a 3 days hearing scheduled in September. Due to funds I didn't take on a solicitor, but I am very scared that I have bitten off more than I can chew and will ruin my case due to inexperience. I have had support previously from CAG but in honesty have never been in a position to make a donation, if anyone can help my I will make a donation of whatever I can afford.

 

So the situation, i was dismissed, 5 days before my 2 years service for a completely unfounded, ridiculous allegation of gross misconduct. I was actually suspended immediately after a grievence hearing which I had raised regarding my bad treatment whilst I was signed off work following and assault in the workplace. I was dismissed in my absence as I was infit to attend the disaplinary meeting and they refused to reschedule it.

 

I had prior to this made a disclosure, first an internal one through the correct internal channels, then to the licensing body because my concerns where dismissed which heightened my concerns and made things 100x worse. I know that they know it was me, and I have this in writing. As to I have emails in which HR and senior management discussed me and plans to dismiss me.

 

I also have notes of meetings about me which were held incorrectly and which were unfair and literally just going through the motions.

 

I appealed my dismissal on the grounds of whistleblowing and this was dismissed, although they waited until 3 days before the 3 months tribunal deadline to inform me of this.

 

I am now in a position where I need to send information as to what remedy I am asking the tribunal to award, this needs to be recieved by 4pm Monday and in honesty I don't know what to write nor how to word it.

 

Any help would be much appreciated!

[becky2585]

Have you brought a standard unfair dismissal claim as well as an automatically unfair one? The only reason I ask is that if you were dismissed five days before you hit the two year mark, your statutory notice of a week is added on so you are actually two days over the required two years service....

[Ahhhhhhhh]

Sadly not, as I didn't know that this was the case.

[becky2585]

You need to prepare a schedule of loss - a basic example can be found here - https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/

 

You'd need (as a minimum) to calculate your basic award and compensatory award as well as applying a 25% uplift for their breach of the ACAS Code. If you're claiming detriment compensation regarding the WB claim then add that in too.

[Ahhhhhhhh]

You need to prepare a schedule of loss - a basic example can be found here - https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/

 

You'd need (as a minimum) to calculate your basic award and compensatory award as well as applying a 25% uplift for their breach of the ACAS Code. If you're claiming detriment compensation regarding the WB claim then add that in too.

 

 

I have prepared this today. Which is to be submitted to them by 4pm Monday. I have asked for more than is realistic under injury to feelings, and more generally than I would expect as I am sure that they will want to settle out of court so would like some wiggle room to negotiate. Although for the loss of earning etc I have been exact as it is in the template that you sent. Do you think overestimating could hinder things?

[becky2585]

No. Your schedule is designed to reflect your best case scenario, not a realistic estimate of compensation.

[Ford]

ahhhh...

how do you manage to remember how many h's

 

were you able to get any applicable union support?

[Ahhhhhhhh]

It's 8. I have to count every time I log in!

 

I didn't, the industry is a very unique one and we have struggled to find a union that would represent us. One that the company would recognise.

[BazzaS]

It's 8. I have to count every time I log in!

 

I didn't, the industry is a very unique one and we have struggled to find a union that would represent us. One that the company would recognise.

 

If it too specialised for a specialist union, go general. The GMB?.

The company may not have recognised it, but the union would still have been able to offer you support!.

[Ahhhhhhhh]

So I'm recieved a date for a preliminary hearing which is on Monday, the employer has contacted me with a list of questions that they require with a deadline of Friday. So I am on that now.

What can I expect to happen at the hearing?

Also, the employer sent me a request for information, with a deadline of the 20th June. They sent me a letter and an email with this request. The letter wasn't recieved until the 21st June.

They haven't sent me the ET3 officially, although their solicitor emailed me with a copy of it on the bottom of something else.

I fear that they are trying to be underhand in the hope that I miss something and they can use this to get the case struck out! They are complete crooks.

Could anyone advise me on the best thing to do.

[Ahhhhhhhh]

If it too specialised for a specialist union, go general. The GMB?.

The company may not have recognised it, but the union would still have been able to offer you support!.

 

 

But how would this help if I have never paid I to a union? Surely they wouldn't help me.

[Ford]

not sure.

have you also tried the cab or a pro bono/free representation unit

[donarebun]

Most people represent themselves in the Tribunal and the Tribunal makes allowance for them.

 

But you really need to up your game. The Respondent would be very brutal so you need to do a lot of research.

 

I honestly think it is too late to join a union now.

 

Regarding free advice I wouldn't count on it. Great if you get it but I wouldn't place my hope in it.

 

Your best chance at this stage is you, you need to step up if not the Respondent is going to crush you.

 

Like I said earlier a lot of people represent themselves and win so I don't see why you can't

[Ahhhhhhhh]

So I attended the second preliminary hearing yesterday, in which the respondent (who have a new, very good barrister) tried to get me to agree to splitting the hearing and doing litigation in one then remedy in another. I didn't sgree, I felt that they were trying to get the upper hand in doing this. I heard the barrister tell his client that 'it would be a lot cheaper.' What did he mean? Is that that he thinks he can win and not have the second hearing or is it that they would have attempted to settle before a full hearing and this way they would settle with a decision and possibly win.

 

After I refused to go ahead with it. The judge raised the question of judicial mediation, the barrister didn't know if his client wanted to do this and asked for 7 days for a decision. Am I right in being positive at this?

 

To add detail, my claim is for whistleblowing and I have extremely strong evidence.

[honeybee13]

I've merged your threads to keep the information together. Please stick to one thread for the ET.

 

HB

[Ahhhhhhhh]

I though perhaps making a different thread might help me to get some responses. Apologies.

 

An update, and another plea for help.

During the preliminary hearing, the respondent got to spend an hour reading my statements, didn't give me theirs, and ensured that the deadline for statements is now December giving them tonnes of time to change their statements to contradict mine!! I've written to the court asking them to strike out the respondents evidence, going to far quite possibly but it seems crazy to me that experienced barristers should be allowed to be so underhand and just get away with! Thus jeopardising my case and preventing justice from being done.

[BazzaS]

in which the respondent .... tried to get me to agree to splitting the hearing and doing litigation in one then remedy in another. I didn't sgree,

...... I heard the barrister tell his client that 'it would be a lot cheaper.' What did he mean?

 

 

Used when they are arguing both:

a) "liability" ; that they aren't liable for the damages, and

b) "quantum" ; if they are found liable for some damages they disagree as to the value claimed, and also

 

Usually when an expert would need to be instructed to come up with a value for the damages.

 

The cost of the process for "quantum" [part b)] (including the cost of the expert) can be avoided if they aren't found liable for anything at the "liability stage", hence the reason to ask for a "split trial" to "reduce costs".