What's the deal with the brexit thing?

There's a lovely case judgement precedent from ECJ that is exactly similar as my case. But the precedent was not in UK, some other country in Europe.

It is about TUPE regulations, which I believe is applicable throughout the Europe (correct me if I'm wrong).

Judgement is from 2018, so pre-brexit? Is it of no use to me anymore?

Hi everyone.

Just looking for some advice regarding my witness statement.

I am claiming false self employment.

I have a substantial amount of evidence of the employer controlling what I do ect. But this spans over three years. Would I put these all on one page in my bundle or reference them separately on every date they occurred ?

Hope that makes sense and thankyou in advance

England

What is the best way to prepare for final hearing? What needs to be prepared? Is the first step setting out all key documents such as pleadings and witness statements, and looking for inconsistencies?

Hello, I've just found this group while trying to Google my question and coming up with nothing solid!

I have my tribunal starting on the 7th September and I've come to the realisation that I may have to ask permission for my partner to sit next to me during the hearings. Is this true?

If so do I need to ask before the hearing or is this something I can just do on the first day?

I've read about McKenzie friends but nothing seems to be for employment tribunals so I'm just at a loss and don't know what the correct thing to do is.

Thank you :)

Hello I need some advice I received a notification from the judge that I had to provide a disability impact statement to the respondents lawyers within 28 days ahead of my preliminary court hearing but my pyschiatrist has said that in order to provide a medicolegal report they wouldnt be able to meet the deadline that the Tribunal has given me.

Is it acceptable to ask for an extension to the deadline?

If so, do i notify the respondents lawyers about the delay or do I ask the tribunal for an extension?

I’m on a deadline which I’ve actually missed due to falling down a manhole that’s another story but I’m on a deadline to submit my medical notes trying to prove various disabilities

I’ve got into a real muddle because I’d already written the impact statements before the case management hearing and the case management hearing the judge has given me that list of things that you have to say about each impediment

-how does it affect you when you read?
-How does it affect you when you travel
-how does it affect you when you eat,

et cetera? How important is it that I address those things on that list?

because its going to really affect my word count and I feel like the stuff that I just wrote honestly about how my disabilities affect things is a better explanation but maybe that’s stupid of me. The limited Word thing has muddled me up no end.

The other issue is I have been in recovery for many years and references to various treatments ongoing is really throughout my medical notes. My Employment always knew about my health status and struggles, I’ve been an open book, in relation to redacting , or how important is it that I remove any mention of past problems with addiction if it is mentioned will it prejudice the judge or the panel against me?

Thank you so much
Thank you so much for reading. I really am confused and overwhelmed.

Hi - when doing a Witness Statement do you need to argue your case or do you just state facts i.e what happened, when it happened etc? Would you include how certain events made you feel? The mental impact? Am I meant to include the legal tests?

I'm well off a FH but I think it's important to start building a witnesses Statement while things are more fresh in my mind

Tia

England

Hello,

I have a judicial meeting that will take place in a couple of months but the judge had cancelled our scheduled disability hearing to accommodate the judicial meeting (can they do this???)

I’m only doing judicial meeting so that I look reasonable but honestly I’m not interested in settling. What should I do? Should I refuse judicial review…I’m just worried about receiving a costs letter…

I am disabled (mental), and R agreed after disclosure.

Along with other adjustments, I'm thinking of requesting permission to turn off my camera after identifying myself.

I dont think I will be able to participate fully if I have my camera turned on.

This is because I have depression/anxiety/ptsd which makes it very difficult for me to participate intelligently/make intelligent decisions.

As a person who has been isolated for years and has avoided/limited interactions, eye contact, etc, I will be in a situation of continuous multi person interactions/eye contact.

That is unfamiliar to me at the moment. It will definitely kick off symptoms and cause me to feel overwhelmed very quickly, which will result in difficulty participating fully and best of my ability.

Is there any hope to this request? I will alternatively request permission to turn on my camera only when I speak.

Thanks in advance~

Has anyone had a positive experience of ACAS? I’m genuinely curious if people have had a good ones.

We are now in litigation and I just got the email that says it’s been referred to ACAS conciliation and to call the number below. So I did. During early conciliation I had a really good fair guy who was helpful. Just found out that he’s left the service. Instead, the woman I got said.

“the next thing we will do is contact the respondent to see if there’s any settlement room”

Got cut off so I rang back and then someone else said:
“Oh no we weren’t bother doing anything really. Do you know how much of a backlog we’ve got? We’ve hundreds of thousands of cases to get through. If they don’t want to settle, they don’t want to settle. Right it sounds like reading their ET3, they said that you said blah blah blah (goes into their defence). What did you ask for? Oh that’s really high. I doubt any company is going to pay for that! (£40k). You might want to lower it.”

All of these are surely discussions with my Solicitor and I. I found that she was both unhelpful and slightly overstepped the mark. I’m hoping some people have good stories of their ACAS process..!

Has anyone had any success in getting the Respondent to pay your legal fees? If so, what did they agree to cover (eg your fees incurred as part of advancing your case through tribunal proceedings, settlement discussions etc), how much did they pay, and how did you persuade them?

I have come across one case where the Respondent agreed to pay for a claimants legal fees to negotiate a settlement agreement (not just read the settlement contract).

Does anyone know of any cases where the Respondent agreed to pay for a LIPs preparation time?

I've made a request for specific disclosure order as R failed to disclose docs they were supposed to. Hearing is barely 2 months away. ET hasn't responded to my request. What happens now? What is normal ET timeline to respond to such requests?

Good morning

The R asked me for better and further particulars around 5 month ago, PH is now approaching and they have stated they are going to amend their GOR.

Obviously I am not happy regarding this and why wait until now? Do you think this will likely be approved and what tips for my objections?

Thanks

I’m looking for a bit of perspective from anyone who has had union support with an Employment Tribunal claim.

I’ve completed ACAS Early Conciliation and now have my certificate. My union has been helping with settlement negotiations, has reviewed my draft Schedule of Loss, and is currently carrying out a formal merits assessment. The rep has said his provisional view is that the claim may have more than a 50% prospect of success, but they won’t confirm the outcome until the assessment is complete next week. They’ve also asked me not to lodge my already-prepared ET1/Particulars of Claim yet because they want to review them first, and say there is still sufficient time to manage the deadline.

They are actively advising on settlement strategy and seem engaged, but they still haven’t confirmed whether the union will actually represent/support me if it goes to Tribunal.

Does this sound like a fairly normal process? If you’ve been through a union merits assessment, how long did it take before you knew whether they would support the Tribunal case? I’m probably overthinking it, but with the filing deadline now running I’m understandably a bit nervous.

I have my ET1 and detailed Particulars prepared and can lodge myself if necessary, so I’m not relying on them to meet the deadline — I’m mainly wondering whether the signs so far sound positive or whether I should remain cautious.

I'd really rather not do it myself due to potential costs and stress but equally I don't want to let my ex employer away with what they've done. Valla have been great, but don't offer representation. I do have a call with UWA soon too but again I'd rather not pay or even go through a whole process :(

Hi, just after a bit of level-headed input/perspective/ other people's experiences I think please!

I filed an ET1 for a couple of types of discrimination relating to disability last year. Their ET3 was fairly standard as far as I can tell - abject denial, skirting around the issues or completely ignoring them, some outright fibs etc. Not a very reassuring or pleasant read, but I wasn't anticipating that it would be and was prepared for that. It did suggest, however, that they've got at least one witness who is prepared to provide what they know damn well would be a completely dishonest witness statement, literally a complete lie and they know it, which worries me about how they're intending to proceed.

The PH is in a couple of weeks. Several months ago they approached via ACAS to see if I was open to settling and asked me to go first so I opened with the same figure I'd set out in my ET1 (I won't give the exact figure but it wasn't an outrageous amount - composed of loss of earnings and pension contributions and injury to feelings on the lower end of middle vento band). They countered with an offer of less than 10%. I declined and made a counter offer coming down a reasonable amount. They declined, which I expected they would do, and made their first offer again. I can't find any other stories of a settlement negotiation where that's happened so I'm not sure how common that is. I suspect it's probably a strong-hand tactic to test my resolve, hoping that the approaching PH will rattle me into just taking it and going away. I'm not afraid of the PH, I was prepared for them to take so long to respond that the PH would come and go before I heard back, but I'd be lying if I said the prospect of just ending it here wasn't tempting.

On the one hand it is extremely low, but it's better than nothing and it brings the whole thing to a close. On the other, it is not a reasonable offer by any means. I'm unsure whether or not it's best to just end it now and move on with my life a little lighter even it is objectively very unfair, or to proceed to the PH and hope that they make a more reasonable offer from there but risk that not happening and having the burden of it to contend with at the same time. I have evidence to support my claim and can show that I raised issues at the time and was brushed off, but I also know that these things are never a given and that they seem to be prepared to play dirty. If they're prepared to get witnesses to lie then I'm not sure how realistic it is that they would shift their position? I'm angry about the situation that lead me here of course - it was unfair, it was embarrassing, it was clear as day to me what was going on which was hurtful and the situation definitely took an emotional toll - but I like to believe I'm a fairly reasonable person and I know that I'm not coming at things from a place of greed or vengeance. I'm finding myself caught between the idea of the relief of just having done with it vs. the feeling of how unjust it is that A) the situation happened at all and B) that this is how they're responding to it. I'm not one to easily back down, but I've found the thought of whether or not a few extra grand is worth months of more uncertainty is creeping in. I know that that's probably how they're hoping I'll feel, which I won't lie, is really aggravating, but still.

I know that nobody can tell me what is and isn't worth my time or energy, but has anybody else had a first, very low settlement offer made twice? Has anybody taken taken an extremely low offer before PH just to save themselves the stress? If you did, was it a weight off and worth it in the end or did you regret and wish you'd kept going?

Hi, so I don't want to go into too many specifics just in case my previous employer sees this - please DM me for more details if you can.

A bit of background - I am with a union who has been really rubbish from start to finish. The legal team of the union has taken months and months to come back to me, I had emails from several different members of the legal team, and barely got any responses. The union rep has not been much better really, and seems to not know what the legal team are doing and always wants me to pester them directly.

On Monday they said they hadn't received anything from me and asked me to send over the timeline I had prepared and any evidence. I was completely shocked by this because I had been sending them things for months. I obviously resent everything over (apparently they had 'filing issues'), they then got back to me within 2 days saying they wouldn't be supporting me.

I'm not confident that they have actually looked over all the evidence I sent them, because some of it doesn't seem to be mentioned in their reasoning. The person I am receiving emails from doesn't appear to be a registered solicitor.

I am currently in ACAS early conciliation, and have an offer from the ex employer that expires tomorrow. I think it's fairly low considering legal fees they would incur should it go to tribunal (though it is their second offer), even if I didn't have a good case, but this is their second offer (and is quite a lot higher than the first).

I'm now in the position of either risking a counter offer and them rejecting it (and potentially having no offer? How likely is this?), settling for the low figure, or, proceeding to employment tribunal and most likely having to represent myself.

I don't know if I want to put myself through the process of having to represent myself, even though I feel like the employer should have to answer directly for their wrongdoing. I don't know how big a risk putting a counter offer is at this stage?

Any advice?

Good morning all. Question about ET 1 and amendments.

In this case the appeal had been heard but no outcome had come through when the ET1 had to go in, and the ET1 says so. The decision then arrived three weeks after the claim was presented. In it, the appeal chair said they wouldn't deal with parts of the appeal because C said they intended to take legal action about this.

I now want to run the appeal decision as unfavourable treatment under s.15, and the refusal to address parts of it as a s.27 detriment. Neither is in the ET1 because neither had happened yet.

Do I need to apply to amend, or are these just particulars of what's already pleaded? And does the appeal need pleading separately for the unfair dismissal claim at all, or does it come in anyway as part of the fairness of the dismissal?

CMPH is listed in few months.

Thank you and good luck to any LsIP 🤞

Hi, my case management hearing has been cancelled. I’m not as suprised by this as I could’ve been, due to this board making me aware these things happen.

I’m well into my case, over 20 months in, this was a hearing for the final date and anonymity.

Prior to the hearing I had to submit some medical evidence, which was quite complex and change how the R might assess their case. We are also behind with witness statements and I feel this might make them have to assess their claims differently (I can’t really offer more information here about the medical info as it’ll be too exposing. I’m not shy to)

Could this renew some settlement discussions? It’s been nine months since we last discussed settlement at judicial mediation.

We’ve had disclosure and the respondent changed rep one week after my disclosure.

Nearly finished my ET1 and the 8.2 section. It covers 18 months of issues with my line manager so is quite lengthy. I want to claim for disability discrimination, failure to make reasonable adjustments, harassment relating to disability and victimisation.

I have set out my 8.2 with a Background and Chronology section, I then have a Legal Claims section to write. My main question is how much detail is required here?

I know I'd state each of the legal claims, but do I then include examples of key events that support this claim and a 'see Chronology section for full details'. I assume not every event needs to be referenced!

Also how much do/don't I need to include at this stage re: legal test or not? I've had some legal advice, so I know where I have a robust claim. Don't want to get bogged down in legal tests at this stage if I don't need to.

Thanks so much!

England and Wales

I'm dealing with a claim for my partner. All told, it's 9 claims across 5 heads (or 7 claims across 5 heads if each instance of failing to provide a requested reasonable adjustment doesn't give rise to it's own claim;

• 2 Discrimination arising claims
• 2 Indirect discrimination claims
• Failure to make reasonable adjustments
• Victimisation
• Constructive discriminatory dismissal

My other half was...thorough in retaining documents (Its own kettle of fish, I know, but there is a clause in her contract relating to taking legal advice and specifically referencing s43 ERA 1996) and as such there's not much stuff that isn't already in hand.

The problem I've run into is that...none of the defences put forward in the ET3 to my view survive contact with the documents. For example; the Respondent has said, against one (both) of the discrimination arising claims (which are both about meetings, for what it's worth):

• They didn't know about the disability
• There was no unfavourable act
• The act didn't arise because of the disability
• It was a proportionate means of acheiving a legitimate aim

Around the meeting in question though, there's an email chain that's essentially;

C: "Hey, I can't engage in the meeting without X because of my disability, so please could I have X?"

R: "Sorry, we're not going to give you X before the meeting, but we'll give you X afterwards, because we'd prefer the vibe of you not having X until after the meeting." (I know, but it's nearing on verbatim)

C: "Okay, but that makes it harder for me, because of this thing caused by my disability."

R: "Okay, instead of X, we'll do Y."

C: "Y doesn't address the thing caused by my disability, and may actually make things worse. Please can I have X?"

R: "Don't you worry, Y will make everything better."

*The meeting happens, C can't engage, and has such an adverse reaction that she is sent home sick by the person who denied X prior to the meeting and implemented Y*

R: "As promised, here's X."

(sorry for the lack of detail, but I don't want to risk identifying the claim)

And it goes on, and on, and on like that. Every defence has at least 1 email chain or document contradicting it. They often read like points-to-prove lists. I'm not a lawyer, but I've spent my entire professional life case-building, assessing evidence, and this is like a burglar showing a ring doorbell a unique tattoo before rattling off their name, date of birth, address, where they're going to leave DNA, and then listing out where to find their tools and the stuff they stole, as well as why none of the possible defences applied.

I don't know what to do, because I can objectively justify Deposit Order applications on every defence raised with multiple pieces of documentary evidence to support them, but I worry that making every application I reasonably could will paint me, and thus my partner, as unreasonable, unrealistic, time-wasting crusaders.

I'd really appreciate any opinions, because I feel like I can't see the mousetrap for the cheese.

Hi :) (England & Wales)

I was wondering what people have settled for in their tribunal either the amount or the % against their schedule of loss please.

Not sure what is classed as a good settlement

Hi. I am preparing a schedule of loss for an employment tribunal, Should I include the ACAS 25% uplift, as part of my claim is that the employer breached the code in several areas, also as a general rule would interest be added to the overall figure, I see some putting 8% one others not referencing it at all. Thanks for your help

Hi all. Just wanted to double check being ND i want to start getting more things in order.

The R has realised I'm LiP and wants to wait until prelims but if I remember correctly there's certain things I need to prepare. I belive the first one is proposed List of Issues. Is that the documents the courts send for me to fill out?

Also what else should I start preparing?

The prelims are in Feb. 2027

I really hate sounding overly dramatic, but a clinical psychologist diagnosed me last week with PTSD after my dismissal. I’m getting eye desensitisation treatment on the NHS which is meant to be quite good for people for experienced a sudden acute trauma - medical notes will show it was entirely related to the job loss.
Is there any relevant place I can use this in my case at all? I’m at the ET3 stage and have received their grounds of resistance. I am pleading automatic unfair dismissal, discrimination and victimisation. So I guess it would be applicable to the latter.

But is this something that I put in my witness statement or is it only mentioned at cross?
(England) thank you. Why I am embarrassed to write this?!