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Loss employment tribunal case

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  • Loss employment tribunal case

    Hi all,

    some maybe (charity and Bluebottle, amongst others) will be familiar with my case.

    I had a major trauma and took my employers who I had been with for 3.5 years to the E.T for disability discrimination and constructive dismissal.

    The result came back from my solicitor today and was not good. The judges found no harassment on the part of the employers, despite evidence. Funnily enough they did find me to be disabled for purposes of the act. One hurdle overcome

    Anyhow the whole thing was very fishy. My solicitor was doing work for me to a unsatisfactory level, left everything to the last minute and generally seemed to not be on my side. I managed to secure some very damning evidence of the employers from other ex-employees.

    My solicitor at one point said "any information will be useful", next minute I was told I must not bring up the evidence in court due to it being unethical. Despite being told otherwise by credible sources. In the end I opted out and despite the respondents solicitor asking for the evidence said I could not give it up due to "confidentiality!" My bad here.

    Any how the solicitor did a less than satisfactory job, the barrister was absolutely useless. the Barrister came across as timid, insecure, fumbling, getting dates wrong etc, the respondent would often have to correct.

    In contrast to the respondent’s barrister who gave me a real grilling...he was effective, persistent, confident, undermining and aggressive. He followed a line of questioning that was completely irrelevant in a (successful) attempt to stop me from divulging the relevant info. At no point did my barrister object to this questioning so a lot of my witness time was wasted.

    The respondent questioned me for 1hr 30 and my barrister only took 40mins or so questioning the respondent's witness and doing a poor job, managing to omit half of the relevant points.

    No wonder the tribunal found against me!!!

    My question (to get to the point) is that I need to appeal urgently; I think I have 10 days and really need some advice on how to go about this!
    Tags: None

  • #2
    Re: Loss employment tribunal case

    Originally posted by Brighton-cpe View Post
    Hi all,

    some maybe (charity and Bluebottle, amongst others) will be familiar with my case.

    I had a major trauma and took my employers who I had been with for 3.5 years to the E.T for disability discrimination and constructive dismissal.

    The result came back from my solicitor today and was not good. The judges found no harassment on the part of the employers, despite evidence. Funnily enough they did find me to be disabled for purposes of the act. One hurdle overcome

    Anyhow the whole thing was very fishy. My solicitor was doing work for me to a unsatisfactory level, left everything to the last minute and generally seemed to not be on my side. I managed to secure some very damning evidence of the employers from other ex-employees.

    My solicitor at one point said "any information will be useful", next minute I was told I must not bring up the evidence in court due to it being unethical. Despite being told otherwise by credible sources. In the end I opted out and despite the respondents solicitor asking for the evidence said I could not give it up due to "confidentiality!" My bad here.

    Any how the solicitor did a less than satisfactory job, the barrister was absolutely useless. the Barrister came across as timid, insecure, fumbling, getting dates wrong etc, the respondent would often have to correct.

    In contrast to the respondent’s barrister who gave me a real grilling...he was effective, persistent, confident, undermining and aggressive. He followed a line of questioning that was completely irrelevant in a (successful) attempt to stop me from divulging the relevant info. At no point did my barrister object to this questioning so a lot of my witness time was wasted.

    The respondent questioned me for 1hr 30 and my barrister only took 40mins or so questioning the respondent's witness and doing a poor job, managing to omit half of the relevant points.

    No wonder the tribunal found against me!!!

    My question (to get to the point) is that I need to appeal urgently; I think I have 10 days and really need some advice on how to go about this!
    This is what you want I think Brighton:

    http://www.justice.gov.uk/downloads/...ntToAppeal.pdf

    You've got 42 days to appeal to the Employment Appeal Tribunal:

    The usual rule is that your appeal must be received complete by the EAT no later than 16:00 (4pm) on the 42nd day after the date on which the ET sent you the judgment, decision, direction or order.

    Good Luck

    QCK

    Comment


    • #3
      Re: Loss employment tribunal case

      Originally posted by QCKate View Post
      This is what you want I think Brighton:

      http://www.justice.gov.uk/downloads/...ntToAppeal.pdf

      You've got 42 days to appeal to the Employment Appeal Tribunal:

      The usual rule is that your appeal must be received complete by the EAT no later than 16:00 (4pm) on the 42nd day after the date on which the ET sent you the judgment, decision, direction or order.

      Good Luck

      QCK
      Hi Kate,

      thank you kindly for your advice, with regard to a review of the case I think this is the first course of action as the judgment was 100% bias towards the respondents.
      I just don't understand how I can bring an employment tribunal claim in the first place (with a wealth of evidence) yet the judgment doesn't take one bit of this evidence into account.

      I understand that my counsel did me a disservice in not arguing my case but for the judges to not read in between the lines and look at the statements submitted in the bundles is appalling!

      Does the review have to be on a point of law, similar to the Appeal and can a judgment be contended as being a perverse decision?

      Kind Regards

      Comment

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