I decided to apply for a Employment Tribunal after being dismissed in April. I filled out all the paper work and discussed with my area rep and I was told that a meeting would be arranged with the branch with in a week in order to submit the paperwork. The week came and went and with no help forth coming from branch I posted all my documentation including the ET1 to branch seceraty as I was told that he would submit everything for me and as my time limit was getting close I thought best to get the documents to him.
Five weeks after the last date that my ET1 could have been submitted I hadn't received any information from anybody at all so I contacted the branch to be told that my ET1 was still on the seceraties desk and that I should have submitted this myself but this is completely the opposite of previous advice. I then submitted the ET1 with a cover letter this was accepted but a pre hearing may be needed.
A pre hearing has been set as Royal Mail has contested the jurisdiction of the tribunal as the time limit was exceeded. I have only every received photocopies of letters from the tribunal service from CWU, I haven't been told that I will be getting legal representation from the CWU or any advice regarding this processs. I have got a letter from Roayl Mail's solicitor to say that if I was to lose the pre hearing that they would pursue me for the legal costs up until that date but if I withdraw my claim this would be dropped.
I understand that they are trying to bully me but I obviously don't have the ability to pay these legal fees and would like to know if this is something that they can do and what my chances of winning the pre hearing on the grounds of the late submission of ET1 being due to bad advice from CWU reps. Otherwise I would need to withdraw my case in order to stop the claim from the solicitor for fees.
This would obviously cause my claim to be over due to no fault of my own, I only listened to advice from the CWU reps that are supposed to be there to help us. I have been told that I should find a employment lawyer that would help me peruse the CWU about the fact that my ET wouldn't be heard in order to gain some form of compensation.
Thank you for reading this and for any help that can be given.
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Employment Tribunal.
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flaminmoses
- EX ROYAL MAIL
- Posts: 819
- Joined: 05 Jul 2009, 14:17
- Gender: Male
Re: Employment Tribunal.
So how long after you were dismissed did you send off the et1?....to the tribunal that is.
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flaminmoses
- EX ROYAL MAIL
- Posts: 819
- Joined: 05 Jul 2009, 14:17
- Gender: Male
Re: Employment Tribunal.
Dunno if you have a case re late application.
Imo their lawyers are trying it on....they nearly always do.
One noticeable thing...you posted in April then the next time you posted was today....October.
When i was wrongfully sacked i was on here most days asking advice.......now come on a sacking especially a wrongfull one would stir most people up to find out what they can do about it.
Imo their lawyers are trying it on....they nearly always do.
One noticeable thing...you posted in April then the next time you posted was today....October.
When i was wrongfully sacked i was on here most days asking advice.......now come on a sacking especially a wrongfull one would stir most people up to find out what they can do about it.
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Employment Tribunal.
Employment Tribunals
MEMBERS’ RIGHTS OF ACCESS
All members’ have a legal entitlement to take complaints to an Employment Tribunal on a wide range of employment related issues.
The Branch Secretary is responsible for all administration of such cases within his/her branch, and their advice must be sought in all cases. The advice here has the authority of the NEC and must be followed by all union representatives handling potential or actual Employment Tribunal cases.
These legal rights are often difficult to enforce, members should be made aware that going to a Tribunal is not an easy option. It is certainly not a step that the Union will automatically support in every case. Whilst safeguarding members’ rights, we must also stresses that the Union’s internal procedures must be followed before any promise of support for any Employment Tribunal application will be given. This support can only be given by the National Officer responsible, on behalf of the NEC, in accordance with our Rules and Conference policy.
The Union has a legal duty to ensure that members know their rights. Failure to do so can give rise to legal action against the Union by aggrieved individuals and it can have serious and costly consequences for the Union. A standard letter for issue to the member (which can be adapted with branch details), is here. It is vital that this letter is issued to all members who find themselves in dismissal or discrimination situations and that a dated copy is kept on file. This can be issued at the time of the initial branch consultation or by the person representing at the formal stage of disciplinary or grievance proceedings.
THE STRICT 3 MONTH DEADLINE
When advising members of their right to go to a Tribunal they must also be advised of the strict time limit by which applications have to be lodged. This is usually three months from the last day of paid service or of the incident being complained of. The Tribunals are very strict about this time limit and will normally refuse to entertain any application even a day outside it. The standard letter covers this requirement also. Do not wait until an internal appeal has taken place before advising your member of his/her rights by issuing the standard letter. This does not mean that you should encourage every member to submit an Employment Tribunal application once they receive a dismissal decision. That is their decision and responsibility. Once you have issued the Branch’s standard letter of advice, your main responsibility is to deal with any internal aspects, if that is what the member wants.
BRANCH REPORTS AND DOCUMENTATION
The question of whether a member can expect Union support for an Employment Tribunal application usually rests with the appropriate HQ Officer, currently myself, on behalf of the Legal Services Committee and National Executive Council. However, we value the experience and judgment of the Branch Officer or field representative concerned in a case to advise us frankly about its merits. Having represented at the internal disciplinary stages, there is nobody in a better position to know the merits of the case. That is why, in coming to a decision on the question of support for an Employment Tribunal application, we like to have a full report from the person who represented internally. In any case, in order for us to consider any request for assistance adequately, we will need to receive the following documentation:
Dismissal letter
Initial interview notes and appeal decisions
Notes and any relevant correspondence
• A copy of any ET1 form or other Tribunal/legal correspondence in member’s possession.
CWU representatives who are conducting appeals against dismissal must tell the individual they are representing to request a copy of the appeal notes and conclusion at the beginning of the appeal. This documentation is essential for our panel of Employment Tribunal representatives and solicitors. In discrimination cases where a person must prove their allegations, such evidence may have to be obtained by serving a statutory questionnaire. There are time limits in which these forms must be issued, either before or after the lodging of an ET1 form. There is therefore a particular urgency in notifying my department of such cases if we are to become involved. We can then liaise with the Equalities Department, where appropriate.
MEMBERS RESPONSIBILITY
It must be stressed that responsibility for the lodging of an Employment Tribunal application rests firmly with the individual member concerned. Forms and an explanatory booklet are available from local Job Centres and other government agencies. The short legal time limit of three months in which to lodge an ET application does create a pressure, particularly if delay has occurred since the dismissal. In those cases where the time limit is approaching, the individual member should be advised in writing of the time limit and his/her responsibility for lodging the ET1 form within that time. The following forms of words can be inserted in the appropriate box 3 of the form: “I have requested representation from my Trade Union and my request is being given consideration. Until a decision is made, all correspondence should be addressed to me at my home address.”
MEMBERS’ RIGHTS OF ACCESS
All members’ have a legal entitlement to take complaints to an Employment Tribunal on a wide range of employment related issues.
The Branch Secretary is responsible for all administration of such cases within his/her branch, and their advice must be sought in all cases. The advice here has the authority of the NEC and must be followed by all union representatives handling potential or actual Employment Tribunal cases.
These legal rights are often difficult to enforce, members should be made aware that going to a Tribunal is not an easy option. It is certainly not a step that the Union will automatically support in every case. Whilst safeguarding members’ rights, we must also stresses that the Union’s internal procedures must be followed before any promise of support for any Employment Tribunal application will be given. This support can only be given by the National Officer responsible, on behalf of the NEC, in accordance with our Rules and Conference policy.
The Union has a legal duty to ensure that members know their rights. Failure to do so can give rise to legal action against the Union by aggrieved individuals and it can have serious and costly consequences for the Union. A standard letter for issue to the member (which can be adapted with branch details), is here. It is vital that this letter is issued to all members who find themselves in dismissal or discrimination situations and that a dated copy is kept on file. This can be issued at the time of the initial branch consultation or by the person representing at the formal stage of disciplinary or grievance proceedings.
THE STRICT 3 MONTH DEADLINE
When advising members of their right to go to a Tribunal they must also be advised of the strict time limit by which applications have to be lodged. This is usually three months from the last day of paid service or of the incident being complained of. The Tribunals are very strict about this time limit and will normally refuse to entertain any application even a day outside it. The standard letter covers this requirement also. Do not wait until an internal appeal has taken place before advising your member of his/her rights by issuing the standard letter. This does not mean that you should encourage every member to submit an Employment Tribunal application once they receive a dismissal decision. That is their decision and responsibility. Once you have issued the Branch’s standard letter of advice, your main responsibility is to deal with any internal aspects, if that is what the member wants.
BRANCH REPORTS AND DOCUMENTATION
The question of whether a member can expect Union support for an Employment Tribunal application usually rests with the appropriate HQ Officer, currently myself, on behalf of the Legal Services Committee and National Executive Council. However, we value the experience and judgment of the Branch Officer or field representative concerned in a case to advise us frankly about its merits. Having represented at the internal disciplinary stages, there is nobody in a better position to know the merits of the case. That is why, in coming to a decision on the question of support for an Employment Tribunal application, we like to have a full report from the person who represented internally. In any case, in order for us to consider any request for assistance adequately, we will need to receive the following documentation:
Dismissal letter
Initial interview notes and appeal decisions
Notes and any relevant correspondence
• A copy of any ET1 form or other Tribunal/legal correspondence in member’s possession.
CWU representatives who are conducting appeals against dismissal must tell the individual they are representing to request a copy of the appeal notes and conclusion at the beginning of the appeal. This documentation is essential for our panel of Employment Tribunal representatives and solicitors. In discrimination cases where a person must prove their allegations, such evidence may have to be obtained by serving a statutory questionnaire. There are time limits in which these forms must be issued, either before or after the lodging of an ET1 form. There is therefore a particular urgency in notifying my department of such cases if we are to become involved. We can then liaise with the Equalities Department, where appropriate.
MEMBERS RESPONSIBILITY
It must be stressed that responsibility for the lodging of an Employment Tribunal application rests firmly with the individual member concerned. Forms and an explanatory booklet are available from local Job Centres and other government agencies. The short legal time limit of three months in which to lodge an ET application does create a pressure, particularly if delay has occurred since the dismissal. In those cases where the time limit is approaching, the individual member should be advised in writing of the time limit and his/her responsibility for lodging the ET1 form within that time. The following forms of words can be inserted in the appropriate box 3 of the form: “I have requested representation from my Trade Union and my request is being given consideration. Until a decision is made, all correspondence should be addressed to me at my home address.”
good times, bad times you know I've had my share
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REDLETTER
- EX ROYAL MAIL
- Posts: 748
- Joined: 27 Oct 2008, 19:00
- Gender: Male
- Location: EX-ROYAL MAIL
Re: Employment Tribunal.
Royal Mail "solicitors" will always try this, as will any "good"I have got a letter from Roayl Mail's solicitor to say that if I was to lose the pre hearing that they would pursue me for the legal costs up until that date but if I withdraw my claim this would be dropped.
solicitor behind a mega large company. Ignore it go and look at the CAB, Citizens Advice website, it has lots of info on Tribunals.These so called professional will try anything to get you to drop your claim, if the Employment Tribunal has accepted the claim, then it it valid, whether you would win is a completely different kettle of fish.
You just have to have faith in what you are doing! Good Luck