Employment tribunal hearing coming up

[honeybee13]

Does that give you enough time to get any documents to the court 7 days ahead of the hearing?

 

HB

[Nicky Boy]

They'll be paying you £200 then.

And have to keep paying until they comply.

[Lorenz]

4 hours ago, honeybee13 said:

Does that give you enough time to get any documents to the court 7 days ahead of the hearing?

 

HB

Possibly, just about.

[Lorenz]

Hi everyone,  hope you had a good weekend. 

I fired off that letter of claim via recorded delivery and also sent a copy by email.

They've a habit of saying that royal mail doesn't deliver to them and emails are never received. 

So having both should make them more likely to be considered untrustworthy. 

With regards to the ET claim, my husband is meticulously going through all the evidence and classifying them point by point.

I couldn't do this myself,  I would surely miss something (a lot).

Haven't heard from ET regarding the employer request to postpone the hearing, so fingers crossed it stays as it is.

[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.

[Lorenz]

They have claimed in the past that letters were not delivered,  but with the royal mail recorded delivery signature there's no chance anyone can believe them.

[Lorenz]

Hi everyone, on Friday evening I received an email from the now appointed legal representative of my employer. 

They're asking the tribunal for an extension of time based on their lie that they didn't receive anything about the case.

The smart lawyer packed the response with more lies, trying to mud the waters and make the tribunal think that we're out to make money.

2 massive lies are:

1. They asked for the case to be struck out because the case was reported over the 3 months time limit. This is a lie, it was reported a week before the 3 months expired.

2. They claim that there's no description of the claim in the ET1 form, but then they go on addressing every point of the case. How did they know about all the points I submitted if they didn't receive anything???

 

I don't know if it's a tactic or this solicitor can't read, but they've rebutted my points with nonsense. 

For example,  with regards to the annual leave restrictions they introduced and I clearly marked as being against TUPE rules, they said that there's no sex discrimination in a refusal to take leave. I didn't claim sex discrimination because of the annual leave matter. 

Another example, they claimed that I lied in a witness interview when I saw a manager making inappropriate comments to a colleague,  but this on appeal was found to be true because other people had heard it.

My husband said he will oppose the extension and address each one of their lies so the tribunal is aware.

As said, we have everything documented in writing. 

The only bit missing is the flexible working agreement but we discussed that.

My feeling is that they lied to their solicitor and hid the evidence, so the solicitor has only acted based on what he's been told. 

I can't think that a solicitor would blatantly lie to a tribunal knowing that we have the evidence to back up our case.

 

What are your thoughts please?

[Nicky Boy]

One comment I would make is that there may be some "posturing" going on.

I experienced this prior to my other half's tribunal. 

Just attempts to intimidate you and get you to drop your case.

 

Would it be in your interest if there was an extension, in order for your SAR to gain traction and get the documents you need?

[Lorenz]

In theory yes, but they won't disclose the documents,  otherwise they'll lose hands down.

They have a hope now that as I lost the piece of paper regarding the flexible working agreement,  they could fool the judge into thinking that I went to work whenever I wanted without being challenged for 5 years.

With that document they'll just kill their chances.

So I don't think they'll ever disclose that.

[FTMDave]

Presuming you sent your Letter of Claim on 16 March, next Thursday will be day 14 and next Friday day 15 when you should start your county court claim.

 

It would be a good idea to post up a draft of your Particulars of Claim.

 

The PoCs just need to be a few lines, and there are examples in the other SAR threads you read which you can use as a starting point.

[Lorenz]

Will post the particulars early next week. 

Deadline for 14 days should be 6th Aprl because they accepted the royal mail letter on 22nd

[FTMDave]

6 April approaches for them.

 

Tick, tock.

[Lorenz]

Hi everyone,  I received a communication from the tribunal informing me that the time extension has been accepted and the hearing "is converted to a case management hearing to consider listing of final hearing and making case management orders."

 

Question: does this mean that I do not have to disclose all evidence yet? In their last communication they'd said that I had to disclose them 7 days before the full hearing.

 

Thanks

[Lorenz]

Hi everyone,  so I spoke to the tribunal helpline and they said I still need to submit the bundle for the preliminary hearing,  but they said they're not sure about it.

So I emailed them asking for the judge directions.

Then I received an email with a "preliminary hearing agenda" form to fill, but I need help with this please.

The other side solicitor also wrote to my husband directly saying that the bundle is not needed at this point, just the agenda.

So I guess that unless the solicitor is trying to trick us into going against the procedure (unlikely I suppose), the bundle will need to be submitted before the final hearing. 

Can you help with the agenda please?

(I blanked personal infos)

 

Also, the deadline for them to reply to the data protection claim is up tomorrow,  should I start a separate thread for this with the particulars of claim?

 

Thanks

document (91)_copy-1.pdf

[FTMDave]

11 hours ago, Lorenz said:

Also, the deadline for them to reply to the data protection claim is up tomorrow,  should I start a separate thread for this with the particulars of claim?

No need just yet.

 

But please post up the PoCs when you have a moment.

 

It's important the claim is started the moment the 14 days are up to show them you're not joking.

Edited April 5, 2023 by FTMDave
Typo

[Lorenz]

Thanks.

This is a draft of the particular of claim for the data breach. 

 

On 3rd October 2022 I submitted a subject access request pursuant to the Data Protection Act 2018.

The Defendants breached the statutory deadline of 30 days and failed to make a full disclosure and this failure is continuing six months later.

The defendant's breach of their statutory duty and my inability to access my personal data which I need for an Employment  Tribunal case against the defendant,  has caused me serious issues and distress.

The claimant seeks damages for distress in the sum of £200.

 

what do you think?

[FTMDave]

Looks absolutely damn perfect to me.

 

If none of the other regulars disagree, file your claim tomorrow as soon as the 14 days are up.

[Lorenz]

Yes, 14 days are up tomorrow at 10:22am, time that they signed for the recorded delivery letter.

[FruitSalad1010]

You don't need to provide a reason as to why you requested access to your personal data, in the same way that if someone was holding on to your car keys you wouldn't need to justify to them why you need access to your car.

It may be in your interest not to specify the reason you requested access to your data unless later questioned by the judge.

Of course you may have to justify what serious issues not having access to your data has caused you and that may be the point at which to explain your issue with the Employment Tribunal.

However for the quantum you seek I'm not entirely sure you need to have been caused any serious issues, it may be that a judge considers that the sum of £200 would be appropriate relief for the distress and frustration caused to you by the Defendant's failure to comply with their statutory obligations in accordance with an important European instrument.

 

Quote

On 3rd October 2022 I submitted a subject access request pursuant to the Data Protection Act 2018.

The Defendant has breached their statutory deadline to respond to my request  30 days within one month, has failed to make a full disclosure and this failure is continuing six months later.

The defendant's breach of their statutory duty and my inability to access my personal data which I need for an Employment  Tribunal case against the defendant,  has caused me serious issues and distress.

The claimant seeks damages for distress in the sum of £200.

Consider the edit I have provided.

Also has it actually been 6 months since they failed to respond?

Edited April 5, 2023 by FruitSalad1010

[Lorenz]

Thanks FruitSalad1010.

I will use your version and yes, it's been 6 months and 3 complaints to the useless ICO.

Every time I've asked for updates they've sent me a template response saying that they're dealing with my disclosure.

Then silence until I press them again.

[Lorenz]

Hi, I'm filling the claim form online for breach of data protection.

I've done it all in my name, but I can't see any option to get my husband deal with this (he's got more time and he's a lot better organised than me).

How do I go about that?

 

Thanks

[FTMDave]

You're the claimant so everything has to be done in your name.

 

Informally your husband can help you with stuff of course.

[Lorenz]

Claim submitted. 

Thanks!

 

Anyone who can help with the agenda for the Employment Tribunal hearing?

[honeybee13]

Perhaps you could post up what you've done on the agenda so far please and we'll help you to refine it?

 

HB

[Lorenz]

Could you please look at this agenda and let me know where I've gone wrong and/or what you would add/subtract/amend?

Also, what's on point 2.1?

What do I put at 3.3 considering I'm only asking for a symbolic £1?

What about 4.2?

8.1 and 9.1???

And would you put anything at the end in the "any other matter" box?

 

Sorry for the many questions,  I truly appreciate your help!

PH Agenda.pdf