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employment advice please (re ET)

31 replies

wtfisgoingonhere · 19/07/2015 15:34

Hi all

Can anyone help advise me. Logged an ET claim (disability discrimination) which was accepted and received employers response.

I expected next step would be a court date but I have to take part in s preliminary hearing (by phone)

Can anyone advise what to expect? By going to this first does it reflect on what they consider my prospect of success is?

OP posts:
Andrewofgg · 22/07/2015 19:25

advised of a potential settlement (as went to appeal and acas conciliation before et)

Any documents generated during the conciliation and any marked "without prejudice" must not be shown to the tribunal or referred to in witness statements or evidence. And that is strict: a claimant who refers to a without prejudice offer of settlement when giving evidence can find the case stopped and not listed again until the employer's costs of the first hearing have been paid - which could be never.

It's not just a technicality - it's to encourage both sides to be open when trying to settle cases.

atticusclaw · 22/07/2015 19:41

Although generally the ET will tell you (in a weary voice) "Mrs Atticus, as you know we are very experienced tribunal members and are perfectly able to discount the references to without prejudice matters when making our decision. Mr Claimant, please be aware that you are not to refer further to without prejudice discussions"

atticusclaw · 22/07/2015 19:51

I understand the difference between harassment and victimisation Tired, I just wondered whether there was anything specific which says that the two are mutually exclusive and I don't believe there is. Victimisation is detrimental treatment afforded because a complaint or other protected act had occurred, harassment is unwanted conduct which has the purpose or effect of creating a hostile environment etc. Victimisation could in theory have the effect of creating an intimidating environment and therefore also amount to harassment.

I'm not disputing that this is what you might have been told to do in your particular case though Smile (and in any event the judges aren't always right) Wink. Anyway this is derailing the thread somewhat for the OP.

Andrewofgg · 22/07/2015 19:58

atticuslaw Alas yes. I have only seen the book thrown at a claimant once and that one had disregarded a prior warning.

Personally I don't think Tribunals should have any discretion in the matter provided the Claimant is warned in the offer letter - it should be one strike and you're out - but I know others will disagree!

LibrariesGaveUsPower · 22/07/2015 20:39

I am of the jaded group who always assumed that a WP conversation with a litigant in person would get quoted in Tribunal, and advised my clients to act accordingly. I also wasn't ever one for the "£2.99 and your bus ticket home" school of offers, so I tended to believe we often came out of it looking pretty good.

(That wasn't addressed to you OP, it was a general observation on Tribunal proceedings. Hope you are doing ok Smile)

Summerbreezer · 22/07/2015 21:58

OP, I would definitely second the advice of trying to get a lawyer.

Without wishing to undermine the excellent work of Atticus and her like, many barristers are now direct access qualified. That means you can instruct them directly for a discreet piece of work - e.g. the final hearing. They are usually cheaper than solicitors due to their lack of overheads.

If you really can't get a lawyer, I would recommend purchasing the Naomi Cunningham book (the name escapes me). This is a really helpful, practical guide to bringing a claim. Good luck!

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