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Employment tribunal

82 replies

Cupcakes12 · 06/07/2018 13:36

Hi everyone
I just wanted to know if anyone's experience going to the employment tribunal.
How long it took from submitting your case?
How long It took to get court hearing date
An lastly how long it took to get a decision beginning to end?
I understand everyone's case is different but just needed some words of advice.
I am in the process of submitting a claim
Thank you

OP posts:
Cupcakes12 · 06/07/2018 15:58

Anyone?

OP posts:
TalkinPeace · 06/07/2018 21:23

string piece how is a long of

RifRafia · 06/07/2018 21:27

I am in HR-since they removed the fees for submitting an employment tribunal case the floodgates have opened; it's now taking at least a year between submission and hearing.

Cupcakes12 · 06/07/2018 23:09

Of gosh
I hate this waiting
Any one got any tips for dealing with this for so long
Just want an answer
Getting really bad anxiety

OP posts:
daisychain01 · 07/07/2018 06:52

How long it took from submitting your case?
Generally speaking - from when the ET1 is submitted, the Respondent (employer) gets 28 days to submit their response on ET3. Tribunal dates are then set and this is "how long is a piece of string as it depends on capacity / availability at the Court but let's say they schedule the Hearing for 6 - 8 months hence. That means there is about 9 months until you actually get to Court.

How long It took to get court hearing date. The Court don't take long to provide the date following acceptance of the Claim (they do review the forms to ensure the case isn't vexatious or out of time (3months less 1 day from the "Event"

An lastly how long it took to get a decision beginning to end?
Impossible to say, as it entirely depends on the complexity of the Claim, as the Court may not make an immediate decision, and may ask for actions to be undertaken if for example an unfair dismissal leads to a ruling that the employer needs to reinstate the employee into a different role and other complications arise regarding Compensation calculations.

I am in the process of submitting a claim

If you are submitting a claim, my only advice is to ensure you keep checking in with yourself whether you believe your claim is strong enough to stand up to scrutiny in the Tribunal. You will I presume be getting legal advice / representation during this process. They should be giving you precise guidance on exactly what your claim is for (as per your ET1). If you or they feel uncertain that it will stand up to scrutiny, you can pull out at any point, even on the day. Your largest costs will be representation on the day of Tribunal, so don't feel you have to go to the bitter end if you have doubts.

Cupcakes12 · 07/07/2018 12:28

Anyone had any personal experience
I am really struggling to cope

My representative says I have a strong case so to keep fighting

OP posts:
MilkTwoSugarsThanks · 07/07/2018 12:38

If you are struggling to cope then you need to look very seriously at what you want from the tribunal. You are unlikely to get a big payout and any "apology" would be meaningless. If it was ordered that you be reinstated - would you accept that?

Having a "strong case" doesn't mean you'll have an easy ride. Companies will often fight hard and can afford better lawyers and barristers who will find all kinds of loopholes and technicalities.

Hope you're OK. Flowers

RifRafia · 07/07/2018 12:58

Yes, please do think long and hard about if this is the right avenue for you. It's likely to be a long, stressful and expensive year-could your representative instead negotiate a settlement so that you can leave your employer early but also be compensated if they are in the wrong?

Cupcakes12 · 07/07/2018 13:51

I would ideally like my job back

OP posts:
Cupcakes12 · 07/07/2018 13:52

If I don't get my job back will compensation still be on offer

OP posts:
Cupcakes12 · 07/07/2018 13:53

Thank you love to everyone who has advised me
Really appreciate it xx

OP posts:
daisychain01 · 07/07/2018 14:09

This reply has been deleted

Message withdrawn at poster's request.

MilkTwoSugarsThanks · 07/07/2018 14:31

Compensation is based on loss of earnings and is usually not very much as it's assumed you'll get a new job.

Cupcakes12 · 07/07/2018 14:57

*Daisychain
*
I don't have any qualifications to get another job like this or any other Types of jobs in this field. financially I am struggling. I need a job. I was in this job a very long time
This job is also very convenient as it's near my home an my kids school.
This way I don't have to rely on anyone to pick an drop my kids off.

Also I am using someone from the citizen advise beaurow
It is free of charge. He is an employment solicitor.
I want to go all the way so at least I can say i tried. I don't want to give up yet as I haven't done anything wrong
I feel my boss took advantage of the situation an dismissed me.

OP posts:
ItscominghomeItscominghome · 07/07/2018 16:36

I know one that was probably start last sept/oct has just come to court.

Cupcakes12 · 07/07/2018 17:42

That is a long time

OP posts:
Cupcakes12 · 07/07/2018 17:43

I just need to find something to do in the mean time
Going to be hard as I have no qualifications
Just experience working with kids

OP posts:
Ta1kinPeace · 07/07/2018 18:04

In a tribunal case I read recently, the employee had not looked for properly paid work while going through the process so their compensation was limited
be careful

Cupcakes12 · 07/07/2018 19:03

Also the school knows I am claiming for compensation from the injury that I had at work which was the reason for my long absence. Will This be used against me in court
Lastly ACAS tried to resolve this an the school offered me £500
I refused
What do u guys think?
Y is she offering me that money
Am lost

OP posts:
MilkTwoSugarsThanks · 07/07/2018 19:07

I don't have any qualifications to get another job like this or any other Types of jobs in this field. financially I am struggling. I need a job. I was in this job a very long time
This job is also very convenient as it's near my home an my kids school.
This way I don't have to rely on anyone to pick an drop my kids off.

This will have no bearing on the tribunal. The tribunal will look at the cold hard facts (eg - that processes and procedures were followed and employment law not broken).

I always remember what someone from ACAS told me, and I think he was the most honest one I spoke to.

At the end of the day employers will do what they like. All employment law can do is pick up the pieces afterwards.

And yy to be very wary of not looking for another job. The fact that you can't get one as good or convenient will not be considered a good enough reason.

I really hope it all works out for you though.

BritInUS1 · 07/07/2018 19:09

Is sounds like a nasty situation, but there are not enough details here for anyone to advise. You say you have a solicitor, have they given you any indication of what result you can expect?

Are you saying you had an accident at work and were off sick for a long time due to that, and that you then got sacked because of your absence?

Would you really want to go back and work for this employer? Do you not think it would be awkward?

How long did you work there?

Cupcakes12 · 07/07/2018 19:50

Milktwosugar
I have been advised by my solicitor to look for work. I have been doing this
Its just am limited with no qualifications
So am thinking of maybe going to college

OP posts:
Cupcakes12 · 07/07/2018 19:54

BritInus1

Sorry if I was not clear
I had an accident at work which I had to take Time off for to recover
I then was dismissed after 10 months

I worked there 12 years

OP posts:
Cupcakes12 · 07/07/2018 19:56

I was the person being treated unfairly
It will be awkward but it'll pass
I miss my job
I miss my friends an the circle of friends I had

OP posts:
MilkTwoSugarsThanks · 07/07/2018 20:27

It's probably bad form, but I've done a search and found your other threads.

I really do think you need to focus your efforts elsewhere OP. You're up against an LA who will have experienced lawyers and barristers to represent them. Unless you can prove that they have not followed their own procedure, and that proof can stand up to being picked apart in court, you'll struggle. Whether you get a sympathetic judge or not will also have a massive bearing.

I'm sorry I'm so negative about it, but I've supported 3 people through tribunals. One gave up after 3 months, one was pretty much laughed out of court and the one who won got little more than the original settlement agreement offered.

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