Tribunal help

[wolfbaine]

Hi all this goes back to an earlier question of mine.update is I have had employers reply (scary reading) and full of crap lol as expected . I suppose my questions now are as I'm representing myself (any help offered will be greatly received) lol can I summons witnesses and how??? Also does anyone know of any pro bono lawyers and how do I get referred . I have to admit I'm already scared out of my wits about this .but apparently I need to get some legal help with preparing a statement and stuff .can anyone help?

[woofgang]

Go and talk to ACAS.

[roobidoo]

Do you have any insurance policies? They might include a legal assistance serve, and should cover employment claims. Alternatively, are you or your family members of any societies/groups/unions/political parties etc where you pay a subscription as they can sometimes offer this service too and there are benevolent societies for ex-service/civil service personnel who may be able to help with legal advice.

[wolfbaine]

I am in talks with acas now it was them that suggested I get legal help/ advice .i don't qualify for legal aid .i can't afford to pay for a lawyer. I heard you need to be referred to pro bono solicitor. Is there anyone that can help me lay out my case properly ... Help me to call witnesses ect??
Also while I'm on about it is it too late to ask police to investigate false sexual abuse claim?... Was in sept last year???

[woofgang]

when they suggested legal advice, did they have any suggestions about how to go about getting it free or cheap?

[TWR]

Wolf, where you a member of a union? have you been? if so, how long ago & can you catch up with your arrears if any, they will give you good advice with a solicitor, take some advice, you have to get your fact's spot on if it gets to court & looking at your statement it looks as if it's going that way.

[wolfbaine]

Well actually they didn't .
I feel overwhelmed with all this now. I really think I'm going to need some help with all this or I'm just gonna have to forget it all and let it pass me .but it's the bloody principal this can all be done to me and there doesn't seem to be much I can do about it it don't seem fair to me .and I'm not trying to be sexist or anything I do get the fact that it was a woman made the claim and poor her there there lets get him. But when it came out it was false stil get attitude stil get all this crap nothing done to her for living she still has her job . She didn't almost get divorced she didn't contemplate doing herself in she doesn't have to go thru a bloody tribunal full of lawyers on her own It really is making me Ill

[TWR]

Hi Wolf, I have been there, within the last 3 weeks but a different thing than you, a lying basd cost me my living, but there we go. Princibles will not pay the bills as I have found out in the past, if you are 100% in the right, go for it, if you have any doubts " Dont" as you will end up in deep sht with costs, have you ever been a member of a union?

[wolfbaine]

No never been involved with a union .even with this it was part time work so didn't see the point my facts are spot on some of theirs are a little sketchy .i was told stuff off the record which is being denied of course. Saying that there's nothing on paper that argues with my facts .but they will have a lawyer to question me and I have me I'm bad enough with people without having to question them in a court even if someone can point out what to do and what order to do it. But there's nothing coming so far .the company have asked to have a pre tribunal thing at a 500 quid cost to me ( deposit)??'i had to borrow a stamp from my mother in law to send the papers off lol

[woofgang]

I never thought I'd say this but have you thought about a no win no fee setup. If they ask for any money at all upfront or want you to buy an insurance policy then walk but you might get a feel for whether you have a winnable case or not.

I am sure you did,but did you actually ask acas about how to get representation?

[tonywiltshire]

You do not need to be concerned over attending an Employment Tribunal, it is very informal without robes and many people represent themselves successfully. The tribunal is usually comprised of a legally qualified Chairman and two lay members with experience of both sides of industry and they will do all they can to make you feel relaxed. The most important thing is to ensure your case is well researched and you draw out answers from any witness that are to your advantage, think of what they are likely to say and the questions you will put. You can call any witness you wish as can the other side.

You worry me over your comments concerning a £500 deposit towards costs, this usually is only required if a claim is considered vexatious or misconceived at a pre hearing review, has this taken place or what they are claiming?

There should be no difficulty in finding a no win no fee Solicitor (conditional fee agreement) they advertise on the internet or ring local practices, they will only take on your case if they believe there is a good chance of being successful, which is a good indication of the strength of your position.

[tamborine]

Contact the CAB. They will assess your case and give good guidance. Tribunal offices send you booklets on how to present your case. No money should change hands at this stage.

[tamborine]

Just read this original post & see you contacted CAB. You dont need legal aid nor a solicitor. You will get guidance from the tribunal offices.

http://www.theanswerb.../Question1130004.html

[Eve]

Tony makes some good points. It depends on the case (and stage of the claim) as to who will sit on the panel, could be just an Employment Judge, could be a panel with two members also sitting with the Judge.

Why not ring your local Employment Tribunal and arrange to go in as an observer, it might ease some of your fears?

Make sure you are fully aware of cost implications in the Tribunal Service, it's not like the usual civil claims where the loser pays the winner's costs - costs are awarded at the Judge's discretion and often only in cases where cases have been brought or conducted unreasonably or similar.

[Eve]

Also note that Tribunal staff can only advise on procedural matters, they must stay impartial and cannot give legal advice on an individual's case.

[Eve]

Some more information about Pre-Hearing Reviews and Deposit Orders here:

http://www.emplaw.co....e=data/2004rule18.htm

[tonywiltshire]

Jenna is right Employment tribunals are open to the public you can go, observe and build up you confidence to attend, but please make sure your case is sound.

[wolfbaine]

It all sounds good advice I think my case is sound to me there just seems to be a bit off a difference between what was said to me and what was said to head office and some of the incriminating stuff don't seem to be written down or missing from there side that's another thing how do I call witnesses????? Do I just phone them ask them to come or write a letter ??? I know I can ask tribunal to . Make them appear but there's no guarantee what they will say when they turn up with there employer sitting next to them lol . Do I contact head office to ask witness to come do I contact them myself??? . I know this is maybe all I bit premature as I don't even have a date for the tribunal yet or know for sure if there will be one. But im trying to get myself ready in case . And what's with the company's lawyer asking for prooff of employment and wages and time on dole????

[tonywiltshire]

You can contact the witnesses any way you wish and should find out beforehand what they intend to say, it may be easiest if you travel to the hearing with your witnesses. If any witness does not wish to come, but you believe they have helpful information to contribute ask the court to contact them, as a courtesy inform the tribunal the number of witnesses who will be attending. Unfortunately they may not be paid by the employer and court and may look to you for recompense, on occasions a witness may not wish to comment on their employer’s behaviour from fear of repercussions, also remember rules over evidence are relaxed at a tribunal and hearsay may be admitted.
Your company’s lawyer may be asking how long you were unemployed to calculate what the court may order you to be paid, together with their fees which the employer will have to pay to see if it is worth your employer making you an offer to settle.
Provide the tribunal with any information they request, they may require you to give a written statement of your position and what your witnesses will say, but your witnesses should still attend. As you probably know there is a lot of bluff in the law and many tribunal hearings are settled before the actual hearing, if you have a good case do not give in and only settle if the offer is fair.

Good luck.

[Eve]

Witnesses would need to provide written witnesses exchanged in advance of the hearing, a date is usually set for this to be done by with some guidance on the form of the statements. Usually set in Case Management Orders.

As regards you position as work, have they asked you to provide a Schedule of Loss? Bear in mind that certain parts of compensation such as loss of earnings can have certain benefits deducted from the award and earnings since so there is no double benefit.