Employment tribunal hearing coming up

[Ethel Street]

Tagging @Emmzzi

 

@Lorenz  have you actually been dismissed? 

 

What remedy are you seeking at Tribunal?

 

It seems clear they want you out and whatever happens at Tribunal they will make your life difficult.  Have you explored a Settlement Agreement so that you can walk away ?

[Ethel Street]

@Lorenz Please read our Uplaod guide if you are going to post anything. Upload as once single PDF after covering up all information that would identify you.. Sounds like your emplyer might be able to identify you from the document even if you take your deatils out so best to remove anything that identifies them as well.

 

How to Upload Documents / Images as PDF on CAG - Guides and advice on using the forum - Consumer Action Group

 

[Ethel Street]

1 hour ago, Lorenz said:

I wouldn't know where to start because in county court you'll need to have suffered a financial loss to go down the small claim route if I understand it correctly. 

 No, the criteria small claims route [MCOL] is that you are claiming for a fixed amount of money and are not asking the judge to decide the amount of compensation you should be paid. Although that will typically mean you have suffered a financial loss that isn't the legal requirement. You can't make an MCOL claim for for compensation for an accident or injury though. So you can make an MCOL claim for failure to reply to DSAR as long as you specify in the claim the amount of money you want.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

MoneyClaim Online (MCOL) user guide - GOV.UK

WWW.GOV.UK

 

 

[Ethel Street]

27 minutes ago, Nicky Boy said:

Is your husband still a qualified rep?

If so, he can accompany you to grievances.

 

I believe that only applies if he is a current representative of Lorenz's union representing workers in Lorenz's workplace, or if he is a paid employee of Lorenz's union. I got the impression that Lorenz's husband was a union rep somewhere else rather than in Lorenz's own workplace, but I may have got that wrong. 

 

@Lorenz why did the union wash its hands of the grievance and ET claim? You pay your subscription to get help in cases like this. Did you complain to the union regional office about their lack of support? It may well be that the complex issues you are dealing with are beyond the expertise of your local rep but then the union should assign someone more experienced from regional office to help you.

 

[EDIT  Posted before I had seen Lorenz's explanation above]

[Ethel Street]

I have no experience or expert knowledge of compelling witnesses to attend an ET hearing but a quick look at gov.uk says you can apply for the Tribunal to issue a Witness Order but it's at Tribunal's discretion. You can't demand a Witness Order as a right.

 

 

You can bring witnesses to the hearing if they can give evidence directly relevant to the case.

If you ask a witness to attend and they do not want to, you can ask the tribunal to order them to come. You must apply in writing to the tribunal office dealing with the case, giving:

• the name and address of the witness
• details of what the witness may be able to say and how it will help the case
• the reason the witness has refused to attend (if they gave you one)

You’ll most likely be responsible for paying the witness’s expenses.

 

Being taken to an employment tribunal: Before the hearing - GOV.UK (www.gov.uk)

 

And this information on an employment barristers site gives more detailed information

http://www.civitaslaw.com/barrister-news-and-events/witness-orders-employment-tribunal7

 

I noted these comments in it which you might want to consider

-  Get your request for Witness Order to the Tribunal as far in advance of the hearing as possible.

-  You must first ask the witness yourself before applying for a Witness Order

-  "a party is not permitted to cross-examine their own witnesses". You need to find out what that means and its implications for you.

 

I emphasise this is not my expert knowledge, just what I have found online for you. So you need to verify it before acting.

 

 

[Ethel Street]

Your question was "Is it possible to get my manager to sit as a witness to be cross examined?" 

 

From the link I gave you it appears that even if you were able to get an Order for him to attend you couldn't cross examine him. If that is the position (I'm not a lawyer) ask yourself how helpful it would be to you if you can't cross examine him? But your employer could.  Are you sure it would be a good idea to have him give evidence? Anyway he might already be a witness for your employer. 

 

A case is cited in the article (fourth paragraph from the end) that has similarities to yours where the Witness Order was refused.

 

 

[Ethel Street]

Sorry, I don't know enough about ET procedure to answer that.

[Ethel Street]

If they do play silly beggars and claim they don't receive post someone (probably best not you - your husband maybe?) could go round to the premises and hand deliver it.  Leave at Reception? Take a photo of themselves handing it over and then write a brief statement to confirm they delivered it @ time/date.

 

Shouldn't be necessary because as advised earlier letters sent first class are deemed by law to be delivered two days later. But belt and braces etc.