employment tribunal

getting nearer to the Tribunal now and the other side's solicitor's keep asking for delays. First a delay of 4 weeks in submitting "the bundle" now they want to delay the statements until just weeks before the hearing. We have agreed to the delays as we wish to appear reasonable but do you think they have a hidden agenda? The other side also keep suggesting we should get legal representation but I suspect they just want to deal with another of their own kind and broker a settlement. No more contact fro ACAS since we refused the second offer. Also the other side now want to include more evidence which, to be honest, appears irrelevant. Is this just a smokescreen. DP becoming very stressed with the process and convinced he will lose. I worry he may cave in on the day!

Solicitors often bump up their fees by using delay tactics. Every phone call/letter/e-mail will be charged for (and some!). The other side will no doubt be concerned about how much the tribunal is costing them so stick to your guns. If you are not paying legal representation you have nothing to lose by waiting. It's a stressful time for you but hang on in there. Appointing a solicitor late in the day may be a good idea but bear in mind it will slow things down even more while they get up to speed with the case. If you consider further evidence against you to be irrelevant the chances are the judge will as well.

All the best.

Hi seasider (it's Carol). Don't worry, you are not going to come unstuck. You aren't represented and will not incur costs - the only time that happens is when the tribunal judge decides a case has been brought maliciously and there has been no willingness to negotiate, which isn't the case for you. They are highly likely to make an offer outside the court door, so they can go in and say it's all sorted. It's up to you whether you accept. If they offer a derisory sum, go in the tribunal. If they offer nearly what you want, you could say you will settle for a higher amount and see if they capitulate. You could even go into the tribunal and say an offer is on the table, but you are looking for more. The fact they are delaying is encouraging - they want to unnerve you and they want to avoid going to the tribunal at all. A tribunal can set off a chain of events, where other aggrieved employees think they will take their chances, so there's lots to weigh against them going as far as a tribunal. If you didn't have a case, they wouldn't be making offers, and would tell you loud and clear that you are bringing a malicious case, so the ACAS advisor would advise you to settle or back off. Good luck - you are nearly there!

The other side certainly does worry about the chain of events. I had to sign a confidentiality agreement and their solicitor held on to my settlement cheque for two weeks to make sure I obeyed it. I was warned that if I broke the agreement I would have to pay all the money back. As far as I was concerned it just proved that they knew they were in the wrong.

I was involved with a group of ten who were sent cheques along with the confidentiality statement to sign. Needless to say, none signed the statement and they banked their cheques. If you are asked to sign but already have the money, don't bother!

seasider Keep with it and help keep your other half strong you are nearly there now and both have been so strong,the other side don't care how long it takes do they ? My pal was just going to sit down in Court when the offer was made to him and he had been messed about for such a long time,it won't be to long now so go steady.((hugs))

Thank you all for your advice and support. I will keep going and pushing DP along. I just feel that he must press on when so many people, including you Gransnetters, have been helping us. Plus I feel DP has a good case and I wish I could make him see he must go in believing he will win. Will keep you posted x Thanks again.

When I think of what you are going through it brings back that sick feeling inside (even though I knew we were in the right and thanks to jeni had a cast-iron case). I cannot describe how it affected me, in fact both of us, and I never want to go through that again. Hang on in there, as the others have said, it is a war of attrition and of course the other side are hoping you will lose your nerve and cave in. Just think of "High Noon" ("do not forget me oh my darling.......la, la la) and if you do decide to accept an offer - know exactly how much it needs to be and stick to your guns.

thanks Gracesmum. I just wish it was tomorrow and we could get in there and fight it out! but it is getting near the end either way. It just seems wrong that some employers can treat you so badly and then make this process so difficult as well. I suppose DP is also more demoralised by his lack of success in finding another job. Thanks for your support x

more action today! The other side have told DP that at least £4000 of his claim would not be allowed plus as he contributed to his dismissal (so they say) his award would be reduced. They then upped their offer from£2500 to £6000 so at least moving in right direction. £6000 is a lot of money at the moment with DP being unemployed but we know he should be entitled to quite a bit more so we must carry on and take the risk of losing. It is very stressful though and there have been a few disagreements at our house!

seasider the language they are using is indicative of them acknowledging you are going to win this case. To treat an employee badly and then accuse them of 'contributing to their own dismissal' is what fair-minded people and employment law call 'constructive dismissal.'

I'm so sorry you are going through the mill like this. You are entitled to compensation for what they call 'hurt feelings' because you have been made to call on the help of ACAS in order to get justice, and as a consequence have been subjected to unnecessary stress.

Keep going - you're almost there

There is no way that they would have upped the offer if they thought they where going to win soseasider hang in there have a stiff drink and go for the jugular.

Hang on in there seasider you've got a huge gang of supporters right behind you!

I know how you feel, seasider. You are gambling the balance between the money they are offering you and the money you feel you are owed. There does come a point when you wonder if all the stress and disagreements are worth the risk of losing. Only you and your OH will know if and when you should accept their offer. £2,500 to £6,000 is a big jump which shows they just want you to shut up and go away. One disadvantage of representing yourselves is that you don't have a solicitor or barrister who is experienced in this kind of thing getting a feel of the situation and advising you accordingly. If you decide to carry on, you can always wait until the day and see if you can squeeze a bit more out of them without having to actually go through the stress of the tribunal.

Thanks you all again, your help and support is truly appreciated and keeping me optimistic about the outcome. DP is having a real wobble at the moment and doubting he can win. I am usually quite laid back but even I am finding this whole process quite stressful. I just keep reminding myself, and DP, that we have waited 6 months for this hearing and we only have one chance to be heard so we must give it our best shot. Let's see what this week brings!

I can't but agree with all that has been said so won't add my voice but I just want you to know that I really do understand the stress you are all under and how ill that can make you. Only you can know whether it is best to accept what is on the table in order to cope or whether you are all able to carry on with it for as long as it takes. Being under fire in the tribunal will also be very stressful. Perhaps you could bear in mind that you could accept the 6000 at the last minute if you think it is all too much to bear? I'm so glad I won't every have to go through anything like that again.

One of my judges sits in ET she often finds its cancelled becauseofdeals made at the door,

Another update! The other side have upped their offer to £8000 but are now threatening us with costs etc. We have been to watch a tribunal hearng today so DP now feels better about the whole process even though the man we watched lost his case. I was quite disgusted that the witnesses from the man's ex-employer( some of whom were senior managers) were laughing and joking all the time and seemed positively gleeful when their solicitor caught the man out. I hope they never find themselves in a similar situation.

statements from the other side have finally arrived and surprise surprise they are full of downright lies! They pressured us to exchange statements before five pm then after we sent ours failed to send theirs for another hour! all tactics I suspect. Just heard about another case that was settled one minute before the hearing started so still hoping!x

Go through it with a highlighter pen and deal with each inaccuracy one by one.Don't forget to add in how the other side have tried dirty tricks, sometimes the letter of the law (or breaches of) can carry more weight than the moral argument. Factual inaccuracies and inappropriate references need to be identified to the judge and tribunal. I did it in a school incident and it was worthwhile. Good luck - we know you deserve to win and I do so hope you take them to the cleaners!

seasider have read this thred through from beginning and empathise with you,have been through a lengthy high court custody battle for 6 years it was a high profile case and very complex,although it is a different type of case,all the questioning in the witness box,delays adjournments and delaying tactics produce the same results stress and an effect on your life,so much so that I suffer panic attacks ,anxiety and depression etc and cannot work because of this,so may well have to face another battle as my ESA is under review.
Keep going Seasider you have come this far,I hope there will be enough for you to have a good holiday after,as you will have a period of adjustment to go through as this has been a focus for you for so long,you will need another thing to focus on in case you feel a bit flat after your victory am rooting all the way for you. xx

You're nearly there seasider. Take no notice of the costs threat. Tribunal cases that are not brought maliciously or against good legal advice don't attract costs unless there's such a massive settlement that it would be reasonable to expect a contribution. Your case isn't at that level by a long way. Good luck

thanks again for your support and good wishes. The latest letter we have received includes a list of jobs in this area and is asking DP to prove which jobs he has applied for. He has no problem providing the information but we do feel like reminding them that the biggest obstacle to getting a new job is the fact he was fired from his last job! We have submitted the statements this week but it is ironic that the following day we attended a local function and met one of DP's ex work colleagues. This person had also been finished by DP's employer and would have been a willing witness!!. We were also told that DP's staff were told he had been seriously ill and had decided he did not want to come back to work?? funny how none of them contacted him to see how he was!!. Happy Jubilee everyone

It is worth mentioning that you have been told this by an ex-work colleague. If there is dissonance between what your husband is dong to try and find a job, and their claim about him not wanting to return to work after illness, they have some explaining to do. They should be asked what efforts they made to support him to return to work, and to provide the evidence.

Exactly when - the more mistakes they make/lies they tell, the weaker their case. These must be documented and corroborated if necessary - as I said the details can often carry more weight than the moral argument. They are treading water I suspect - time to pull the plug!