Employment tribunal

[Cupcakes12]

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

Milkwithtwosugars

Can my claim be denied before it gets to court
Or does any cases get threw then judged
I also forgot to mention that am taking my employer to court for disability discrimination an unfair dismissal
My solicitor thinks I have a very good chance
As at my meetings before I was dismissed I have a fit for work certificate
This was not taken into consideration at all

But thank you for your honest words

I am just trying to get myself another job. It's proving to be very difficult
Haven't done this in 16 years

Can my claim be denied before it gets to court

I don't know. The information I have is purely "on the ground, how it was dealt with and the effect it had on the non-experts".

The guy who gave up after 3 months used a combination of CAB, ACAS and Google.
The guy who was pretty much laughed out used a CAB solicitor. With hindsight he thinks he made it too complicated by following too many avenues.
The girl who "won" used a specialist employment lawyer and barrister and wishes she hadn't bothered.

Personally I'd be a bit wary of disability discrimination. The disability has to fill certain criteria and could conflict with your claim that you're fit to return iyswim.

It is a tricky situation
I don't know what to do
Am just following what the solicitor is recommending
Am soo lost

Is there any way you can get half an hour with a specialist employment lawyer? They'll be more honest with you.

What you have to remember is that it's not just about how good your case is, but how good their defence is too.

It is hard. You don't want the fuckers to get away with it, but at the same time it causes you so much stress.

Uv said exactly what am thinking

Have suffered so much an then to lose my job over it
So unfair
I didn't think it would be this hard
Thank you for suggesting to meet up with a lawyer
I will look into it

It's literally effecting my life
I have little kids an a husband. An I think I have failed them
I am struggling so much financially
I had to have private treatment for over a year after the accident
Its took a chunk out my savings

I never chose to be put in this situation
My boss had evry chance to make this even but instead she stabbing me in the back even more

At the very start of my journey into employment law I spoke to a specialist lawyer
she said that I had to budget a year and £5000 minimum that I might not get back even if I win
brutal but true

I submitted my claim in summer 2015. Disability discrimination and victimisation. It came to court in winter 2016. I won some but not all aspects, so we appealed. Won the appeal. Went back to original tribunal panel. Won. Now waiting for remedy hearing, which will be two years after the original case and three years after claim was submitted.

I will never regret doing it because how I was treated was disgusting but it has had a massive negative impact on my health, life and family.

With hindsight he thinks he made it too complicated by following too many avenues

This problem sounds like yours, your grievances are important and real to you, but that doesn't mean they'll be taken seriously in a Tribunal.

I don't want to come across as negative because I know how damaging these employment situations are to one's morale and financial livelihood. Nothing you've said gives me confidence that you have a claim that will stack up in court, and enable you to come away from the situation with anything other than a lighter bank balance and exhaustion from the stress.

But don't take my word from it. Get an hour with a solicitor. Make notes before you go to save time. It will cost about £100. 30 mins isn't enough, get an hour so you can get good quality advice.

The most positive thing you've said is that you'd consider going to college. That's a great idea, don't limit your thinking by branding yourself as unskilled - you can change that situation, one step at a time.

Thanks daisychain

In common with PPs, I too have supported people through Tribunals and the toll it takes on people in their real lives is significant. One's life is effectively on hold.

There is undoubtedly a sense of pride in stopping someone in their tracks, especially when they abuse their power. But it's a high price to pay.

My representative is also a employment solicitor
His been doing it for the last 20 years
Shall i still look into another one
Doesn't this complicate things with mine an his relationship
I don't want to be undermining him

My experience of CAB solicitors is that they can be a little bit out of the loop and a little rusty. Is he employed as a solicitor elsewhere and helping out at the CAB?

Generally in life you get what you pay for.

Would it affect your relationship with him? He doesn't have to know does he?

If you're already working with someone who's qualified and you have trust in that person, then you don't need to see another solicitor. I just want to ensure you get RW advice.

Trouble with solicitors is they are there to act on their client's instructions. They will give advice, they don't always give the perspectives you get on here, because they support their client, if the client wants them to proceed. They don't turn the business away. They don't always talk about the fact you often come away poorer, even if you have the satisfaction of bringing the perpetrators to account.

Employment tribunals are not easy to navigate and you would be very unlikely to be reinstated. That doesn’t mean you should give up but as pp have said you should be realistic about what you hope to achieve. CAB solicitor (if s/he even is a solicitor) is unlikely to be much of an expert. I don’t know what happened but you should be aware that if you have not been at work for a long time it would tend to indicate that you can’t do the job and so hey would be able to dismiss you on capability grounds. That applies even if they made you ill (although you could then pursue a personal injury claim). Specialist advice is the way forward. Also please don’t take it personally. Keep an eye on what you want to get out of it and be aware that there are no guarantees that you will get anything.

This is tiresome and expensive for your employer too. Without debating the ins and outs I'd writento precious employer and request the equivalent of 6 mpnths salary - be prepared to accept three. The key to it is an agreed reference. The reference is worth a zillion times more than a cpurt report. Even if you win future emplpyers will think you vexatious and litigious.

What was the accident; what are its cpnsequences?

Daisychain - it would be a negligent solicitor who did not advise their client if something is worth pursuing or not. Solicitors don’t simply routinely waste their time and their clients money. I’m afraid the “perspectives you get on here” are just second or third hand accounts from people with no legal knowledge or training.

The vast majority of employment claims settle and that’s usually the best result for everyone. A solicitor can only advise their client to act in their own best interests, many clients don’t want to take that advice, often because they are understandably angry about how they have been treated. It’s important to realise what you may and may not get out of a legal action however. You may win, you may not. You may feel vindicated, you may not.

I would say that it is often worth pursuing, particularly if you have a good case as the employer will generally settle.

I think zsazsajuju has hit the nail on the head there OP. You'd do better to push for a decent settlement and focus less on tribunal. Or have they already refused to discuss that?

I also agree that a personal injury claim may be a more appropriate route to take than the disability discrimination you mentioned earlier.

I have never suggested Cupcake walks away completely. However a negotiation requires both parties to be willing.

It's often said on this board to focus on getting a settlement. That's fine if the employer indicates they are willing to negotiate. On a different thread, there is a case where the OPs employer offered a poultry sum. In that case, I encouraged the OP to see that as a signal they were prepared to negotiate and I suggested a counter offer. On this thread, yes I agree wholeheartedly that the OP could start a negotiation. It can risk the employer closing down (and effectively signalling see you in court). But yes, nothing ventured nothing gained.

I'm not saying that solicitors waste people's time but they can burn through a lot of money. So in the end a claimant can be awarded a sum of money that almost entirely gets handed straight to a solicitor for prework and attendance In Court.

Anyway, without the full details here it is impossible to say if the OP has a strong case. I'll step away as I do recognise there are other valid opinions so I don't want to labour any points.

I noticed at the top of the thread they offered you £500. In that case yes zsaz is absolutely right to focus on getting them to increase that offe. I think the nature and severity of your injury has a significant bearing in this situation and I am sure your advisor is taking that into account in their advice to you. They have details we just don't have on here.

Also make sure if you get an acceptable offer, that you get it written as an ex gratia settlement, so that it is tax free, to maximise that amount.

*Daisychain

I appreciate all the advice you an the others have given
I guess everyone has a different perspective to my post an I am finding it very useful. You guys are being realistic which is something I need to be too. Ideally I would love my job back. It literally has broken me.its in my head 24/7
Am going to think long an hard as to what I want to do*