DIY Employment Tribunal

[liamlayor]

With the wealth of knowledge and experience that members on this site have regarding employment tribunals, I would like to suggest, if possible, a "sticky" dedicated to this subject.

Hopefully, this knowledge could then be shared with those who are currently going to an ET, or to those who will be going in the future.

I would also suggest that members don't give their personal stories but, more importantly, give their advice in the form of bullet points if possible, e.g.:

When to submit your ET (time limits)
When and how to collect your evidence (witness statements, data protection services, etc.)
Disclosing evidence to the other side
Exchange of witness statements (when and how)
Weightman's "dirty tricks" (threat of costs once they know you're going it alone; not disclosing documents on time; not exchamging witness statements on agreed date; refusing to include your documents in the bundle claiming that they are not relevant to the case.)

I'm sure that there are many other suggestions that could be included to help members cope with what can only be described as an anxious and stressful experience.

With the lack of help most members are getting from "our" union such a "sticky" should prove invaluable and, of course, is likely to be updated at regular intervals as this problem is not going to go away.

[newtimes]

Knowledge is power, I personalty think this is a great idea, helping each other is the way forward. This forum has helped me, I do not think my manager or union rep would agree.

[drb]

Good idea! However always have your reps advising you too. Yes they do exist!

[rainmaker7]

Hi, I did an ET myself alone against the RMG and won. I still can't believe I did. I had a lot of luck that day I reckon.

But having said that, 1 main point. Paperwork is key to everything. No matter how much the tribunal might want you to win if you don't have the evidence they can't help you.

Just one question, I didn't get the reference to 'weightman'?

Weightman's "dirty tricks" (

Also, this site is http://etclaims.co.uk/ is an excellent source of advice.

[flaminmoses]

1st thing is its more than likely you will have to submit a claim whilst your appeal is on going because rm will drag it out.

get it in within 89 days from the date of sacking or incident (if its not a sacking).

if you dont get the head union backing act quick looking for no win no fees.

be prepared to take it on yourself...hopefully the local union can give you some pointers and maybe a little help.

[flaminmoses]

get your paperwork in order.
if there is anything you think may help dont delay like i did.

i got vital evidence 2 days before the original hearing.....luckily the judge accepted it.

if you think a witness or witnesses will help make sure you speak to them and get them a witness order from the tribunal if they need the time off.
bear in mind iy may not be a one day thing so you may have to speak to the judges secretary regarding how many days the sitting may last.....then to get them pencilled in on a sprcific day.
the judge told me if you just get witnesses in who dont want to really be there its best not to as they may not be helpfull to you but to the opposition.

[liamlayor]

Thanks for your responses, I think this could be helpful to so many people. One thing I would remind everyone about is to keep copies of their grievances and RMs responses (if they bother to reply). Other points:

Take a witness with you to any RM meeting and write up minutes afterwards yourself, get your witness to sign and date the minutes to show that they are an accurate record of the meeting.
Send a copy of the minutes to whoever the interview was with.
Keep a diary of events.
If you need to go to a case management discussion, only tell the other sides solicitors what they need to know because they will use this opportunity as a fishing expedition.
If they have some information which is clearly wrong, keep quiet about it unless it adversely affects your case - you can always sort it out at the hearing itself. If they're wrong, keep them in the dark until the time is right.

[Red Robbo]

Thanks for your responses, I think this could be helpful to so many people. One thing I would remind everyone about is to keep copies of their grievances and RMs responses (if they bother to reply). Other points:

Take a witness with you to any RM meeting and write up minutes afterwards yourself, get your witness to sign and date the minutes to show that they are an accurate record of the meeting.
Send a copy of the minutes to whoever the interview was with.
Keep a diary of events.
If you need to go to a case management discussion, only tell the other sides solicitors what they need to know because they will use this opportunity as a fishing expedition.
If they have some information which is clearly wrong, keep quiet about it unless it adversely affects your case - you can always sort it out at the hearing itself. If they're wrong, keep them in the dark until the time is right.

Would you take witness's to informal meetings as well, do they not have a minute taker at meetings, at a CMD I thought it was the Judge who asked the questions ?

[hantsman]

Thanks for your responses, I think this could be helpful to so many people. One thing I would remind everyone about is to keep copies of their grievances and RMs responses (if they bother to reply). Other points:

Take a witness with you to any RM meeting and write up minutes afterwards yourself, get your witness to sign and date the minutes to show that they are an accurate record of the meeting.
Send a copy of the minutes to whoever the interview was with.
Keep a diary of events.
If you need to go to a case management discussion, only tell the other sides solicitors what they need to know because they will use this opportunity as a fishing expedition.
If they have some information which is clearly wrong, keep quiet about it unless it adversely affects your case - you can always sort it out at the hearing itself. If they're wrong, keep them in the dark until the time is right.

Would you take witness's to informal meetings as well, do they not have a minute taker at meetings, at a CMD I thought it was the Judge who asked the questions ?

You have been to many CMD have you not? Or are you just on another wind up RR?

[Red Robbo]

Hi Hantsman I thought you had gone away.

[liamlayor]

Would you take witness's to informal meetings as well, do they not have a minute taker at meetings, at a CMD I thought it was the Judge who asked the questions ?
Red RobboOfflineMAIL CENTRES/PROCESSING Posts: 196Joined: Tue Jan 31, 2012 10:23 amGender: Male
Hi Red Robbo,

I would have a witness for any meeting, RM manager's 'informal' chats are, in my experience, anything but an informal chat and things have been said in meetings/ chats that I've attended in the past that, with the benefit of my witness statement and/ or minutes, have proved invaluable to me in helping my case.

The 'minutes' I have entrusted to the manager to provide are usually missing vital facts, especially the ones which could be in your favour or, which paint the management in a bad light.

In the two CMDs I have attended , the Judge did ask the questions in the Tribunal Room but. before the CMD began, the solicitors for RM took the opportunity to introduce themselves in a very friendly manner and let me kbow that RM had given them very little information and asked if there was anything I could tell them that might help enlighten them, e.g.did I have any witnesses, what would their statements say, were there any documents I could let them have to show what the case was about because they didn't even have a copy of my original grievance? All friendly smiles until I said NO.

They also later withheld documents that I had requested for disclosure saying they couldn't find any trace of them - I managed to get them from RM's Data Protection Services and they also sent documents which they purported to be 'minutes' of meetings that the managers had written (completely unverified by anyone other than the manager) which were entirely different to my minutes which had been verified as correct by my witness.

The 'minutes' of one of the meetings they sent to me were actually 'taken' while I was on holiday!

[Red Robbo]

I apologise liam layor, understandable your personal story backs up your previous posting.

[liamlayor]

No apology expected or required, RR. I took it as a serious question and answered it as such. The whole point of this thread is just to inform people of how to organise their own ET, if necessary and to let them know what to expect, based on our members' experiences.

[rainmaker7]

If you have to go to an ET you should visit the employment courts as an observer for a couple of weeks. That's what I did when I took the RMG to an ET and the experience was invaluable.

[flo]

Hiya

I heard that if you are doing ET yourself...that it is best to use cases in your statement to back up your statement. How many of you used cases in your statement? Did you use cases or not. Where do you get these cases free of charge? How many pages were your statement?.

florie