Employmemt Tribunal Help

[Emmbo1706]

Hi please can anyone offer advice on the following. I have taken my employer to tribunal for unfair dismissal, unpaid wages and unpaid holiday pay. The case is due to be heard next week. I submitted all my evidence today as requested by the ET however the respondent has requested the hearing be postponed due to them not being prepared and not having enough time to prepare even though this claim was initially made in January this year. The judge has asked if I agree to postponing but I am not sure if I should agree or not? Does anyone have any advice please? Thanks

You can decline to agree this request and explain why as you have done here. Depending on the defendants reasons the judge will decide.

Just decline if you wish, your call. It can work in your favour though when it comes to it if you agree. Maybe give them a time limit?

Nope it can be a stalling tactic by the respondent in the hope you go away. So say no and why.

Say no and it will then be down to the judge

Have you provided them with this info before? I would have thought so as tribunal is the last resort. I would tell them they have had plenty of time to consider the evidence and would prefer to continue as planned.

Thanks for all the messages. I have complied with all dates set out by the ET. The respondent has only responded once which was in response to the schedule of loss I submitted. The respondent asked the ET to strike out the claim due to it having no chance of success and also requested I pay a desposit which I have not been instructed to do. This was back in March and they haven’t corresponded since. The ET emailed on 16/08 requesting the claimant and respondent share evidence which I have done. The deadline set was today in which the respondent is now requesting the hearing be postponed making the following statement -

We consider that to grant the application would be practicable and appropriate in accordance with the overriding objective so that the case can be properly prepared for and heard. We suggest that if the final hearing is not postponed at this stage, it is likely that the tribunal will have to vacate it on the day due to the case not being prepared to be heard

Are you representing yourself?

I would be saying no and pointing out as you have managed to provide the information on time. I would also point out it is unfair they have sight of your evidence to prepare their defence but you have not had sight of their evidence.

Yes I am representing myself. The disciplinary process I received was unfair for many reasons and I appealed against the person who chaired the hearing due to believing they would not be impartial. The hearing was stopped twice due to the chair becoming angry and aggressive, which is not how someone impartial should behave. The company failed to pay me wages which were due prior to the hearing let alone the outcome. They then failed to pay me further wages and accrued holiday pay and refused my appeal. I have provided factual evidence and documentation to support this so am unsure why they have asked for the ET hearing to be postponed as I don’t believe they can provide evidence to defend my claim .

Then refuse the extension sounds like they thought you would have dropped it by now. Respect to you

How did the final hearing go in the end, OP?