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quick question for employment lawyers regarding claimant's statement in ET

9 replies

MOSagain · 12/11/2011 17:38

Am helping someone who is in person in respect of claim in ET. Just doing statement now and am just wondering whether it should be along the lines of 'I was employed by the Respondent company from .......' OR 'the claimant was employed by the Respondent company from....' Obviously they are signing it themselves if that makes sense?

Thanks in anticipation

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Grevling · 12/11/2011 20:05

Are you talking about the claimant in the 3rd person or first person in the rest of the statement?

MOSagain · 13/11/2011 07:04

Thats what I'm asking, which way should it be?

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LoveBeingAFirework · 13/11/2011 07:22
  • not an expert. When providing defence evidence for a company I worked for my statement was worded ' I was happy with...'

If that helps, (realises it probably doesn't)

kdiddy · 13/11/2011 13:42

In my experience it's usually done in 1st person, because they're the one who will sit and read out their statement at tribunal - so it makes more sense to say "I". Same for Respondent's witnesses.

MOSagain · 13/11/2011 15:16

Hmm thats what i thought at first kdiddy but went to an Employment law 'mock trial' recently run by a large firm of solicitors and looking through the file of papers now the claimant's is written in the 3rd person Confused

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Piccalilli2 · 13/11/2011 15:19

Solicitors would do it in the third person as they do it on behalf of the claimant. If the claimant is unrepresented, do it in the first person (I'm an employment lawyer)

MOSagain · 13/11/2011 15:35

Arse! That is what I did in the first instance then I re-read the one in the file from mock trial which was in third person so re-drafted it this morning. Many thanks for that piccalilli, really appreciate it. Although I'm rather good at writing statements I'm not an employment lawyer and am muddling through this one Wink

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MOSagain · 13/11/2011 15:44

piccalilli, if you are still about, don't suppose you know off the top of your head what section/act constructive dismissal is? Grin Presumably Employment Rights Act 1996?

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MOSagain · 13/11/2011 15:46

S95(1)c?

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