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Employment Tribunal query - advice needed please

7 replies

chocolatekimmy · 09/07/2008 21:47

I am making a claim against my previous employer and would be really grateful if any lawyers are out there to help!

Apparently I was meant to attend a pre-hearing a couple of weeks ago - I didn't attend as I never received notification of it and I was therefore completely unaware. The first I knew of it was 4 days later when the Companies solicitor called me direct and started talking about making an order against me for costs.

I have since received a new order asking for a schedule of loss and re-arraging the date for a few weeks time. My dilemma is that the day it is now booked for is really awkward due to work commitments - I need to be at work to be involved in a presentation for important visitors. The other thing is that i have recently started a new job so don't want to ask for the time off - let alone explain why I need it!

I have requested a postponement but what do you think my chances will be of getting one seeing as it was down to me not attending that they had to reschedule in the first place? If not, I need to be there as I am representing myself so how do I handle the situation with my work?

There has been an issue from the ET office before as when I lodged the claim online it was initially 'lost in the system' however it was eventually recoverd and continued. I received acknowledgement of the claim, then a response. I am just worried that they won't believe me that the notification didn't arrive.

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flowerybeanbag · 09/07/2008 22:44

hi chockimmy

You need Ribena for this - I'm sure she'll see it. Just wanted to respond even though I can't help you.

Sorry to hear you are having to go all the way (so far) with this, it must be really stressful having to cope with it as well as your new job. Hope that's going ok as well.

Off to bed now but just wanted to check in and say hi and send sympathy. If there is anything I can help with or you just want an ear, do give me a shout.

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happynewme · 10/07/2008 21:35

Why not take no win no fee solicitor. I did and won - I got the name from local citizens advice. Used Lemon & Co if you are anywhere near Swindon. Its hugely stressful but they are there to hold your hand - they won't take your case if they don't think you'll win.

good luck

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chocolatekimmy · 10/07/2008 21:38

Thanks Flowery - good to hear from you.

Been a bit of a tough year since I left that job to join the NHS - HR in the NHS is in time warp status so I have now moved on after 9 months feeling like I was wading through treacle!

However, I have just started a new job which seems like my ideal role and after 2 weeks I am settling in well. Its the first place I have worked where they really value the employees and focus hugely on values and ethics.

The tribunal claim went in January, got lost in the system and you know how long it all takes anyway. Hopefully Ribena will be about and can offer me some advice. I haven't done much with it until the last week so its just something on my mind at the moment that I would like concluded.

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flowerybeanbag · 11/07/2008 14:40

That's really good news about the new job - much better to move on once you realise something isn't for you and find something that is, and get the 'fit' right! Sounds like a good place to be anyway.

I'm working hard as well, you must have a peek at the website if you haven't already.....

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Tortington · 11/07/2008 15:10

ACAS

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chocolatekimmy · 11/07/2008 20:37

Ribena - please could you help?

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lollipop78 · 11/07/2008 20:54

hiya chocolatekimmy, im no expert by all means but i do work for Solicitors that deal with these kinds of situations, and from my experience and knowledge cases are not postponed unless absolutely necessary ie ill health or family bereavement unfortunately, Courts do not take lightly to postponements unless its vital unless both parties agree and make an applicaation to the Court, even then its not guarenteed. Mind u I have been off on maternity for 7 months so the law might have changed by now!! Good luck!

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