Employment Tribunal Pre hearing

Discussion in 'Finance, Property, Law' started by terroratthepicnic, Oct 31, 2009.

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  1. terroratthepicnic

    terroratthepicnic LE Reviewer Book Reviewer
    1. ARRSE Runners

    My wife is due to go to a Pre hearing in the next few days and I was hoping someone here could let me know what to expect. We are doing this ourselves as we can't afford a solicitor.

    There are loads of details that I don't want to go into on here, but some advice on how a pre hearing will work would be greatly taken.

    Obviously if any legal type bods here are in the Surrey Hampshire area, I would be more than happy to discuse it on a one to one.


  2. Not a good idea to go it alone, the Legal shites will pile the legal BS all over you
  3. You missed that bit then tropper???
  4. Have you spoken to the CAB? They give free advice (to a certain extent) and should be able to put you in touch with someone who can help you. Also have a look at the CIPD website, they're the subject matter experts in this field.

    Is your wife a member of a union? Also, do you have legal cover included in your buildings and contents policy on your home? You may find that this could pay something towards your legal costs (depends on what insurance company and policy as to what help you may get).
  5. terroratthepicnic

    terroratthepicnic LE Reviewer Book Reviewer
    1. ARRSE Runners

    Spoke to CAB, all they did was read of the you Gov website, although they did point in the direction of someone to speak too, it wasn't practicale to go there.

    My wife was in a Union, but for the use they were she might as well not have been. Checked the Building and Contents also, we do have legal cover included, but only for home related issues.

    We have no issue with doing this ourselves, it is quite straight forward and is conducted in laymans terms. I just want to make sure I have all bases covered so that no suprises come our way.
  6. A Pre-hearing is what it says. It is also known as a Hearing for Directions.
    Usually there is only a chairman sitting alone.

    Both parties request information from the opposition - so get a list ready of what you need - thiongs like sickness policy, training policy recruitment policy etc - (don't know the trust of the case but you should get my drift) and the Chairman will give directions to each side to comply with the requests. This is then a legal obligation on both parties to provide the info within a specific time frame.

    The Tribunal do have sympathy with those who self represent and the chairman should ask if you understand what is going on - don't be afraid to ask for procedural guidance if you need to and seek clarification on any issue you do not understand.

    There may be a need for several Direction hearings if it is a complicated case.

    The opposition also have to share all information with you (called Discovery) that they intend to rely on at the full hearing. Your wife should also start preparing her Witness Statement which will have to be shared with the opposition. They will then respond with their Witness Statements which you can then respond again to with a Supplmentary Witness Statement. All this has to take place before the full hearing which will be the Chairman plus two other panel members.

    Is not unusual though for the opposition to make an offer prior to the full hearing. Indeed your wife will be required to produce a Schedule of Loss - earnings lost, hurt feelings, etc.

    Hope this helps and good luck.

  7. terroratthepicnic

    terroratthepicnic LE Reviewer Book Reviewer
    1. ARRSE Runners

    Thanks TZA, that is exactly what I needed.

    I take it I can ask for the transcripts of any Phone conversations she has had with her HR department at this point? - If they were recorded.

    We have already produced a Schedule of loss, but can we include my loss due to my pay being the only wage that was coming into the household for the past 26 weeks and bills still needing to have been paid?

    I have loads of questions, but I pressume that I can ask most of these (or at least my wife) during the pre hearing?
  8. Yes - ask for them - if they exist then they must be produced - if they do not exist then tell your wife to write down her understanding of what was discussed and the date and time of the calls. You can then present these to the opposition as your wifes contemporanous notes and ask them to agree them or identify the points they disagree on. It does no harm to remind them that they will be asked about these under oath so they must be truthful. Of course if there are lies being told then go for them aggressively.

    Ask for all records in the case - cast the net wide to get as much as you can - then the problem is you must read it all and cherry pick those parts which suit your case. Go fishing!!

    Yes on the Schedule of losses count everything and emphasise the the cost/loss is still mounting each day. Most of all be honest with each cost and be prepared to justify each itme in the Schedule.

    Hope this helps.


    PS - I am not a solicitor but I have been through a Tribunal Case lasting 8 years!!
    My advise above is given without predudice.
  9. terroratthepicnic

    terroratthepicnic LE Reviewer Book Reviewer
    1. ARRSE Runners

    Cheers TZA, you have been most helpful.
  10. I have some experience of Tribunals,all I can advise if you are representing your wife is be honest,be certain of what you wish to achieve,Do not be concerned about asking for clarification,remember that the Tribunal has all the Authority of a Court,but also equal responsibility to ascertain all the facts and ensure an appropiate outcome.many Tribunals go to appeal or require further hearings, be prepared for a log haul!Have you considered asking local solicitors wether they or any practise they know will consider 'Pro Bono' i.e. for free representation this does happen!Best of luck!
  11. terroratthepicnic

    terroratthepicnic LE Reviewer Book Reviewer
    1. ARRSE Runners

    We wasn't going to approach any solicitors hoping for a freeby until after the Pre Hearing. Then if it isn't settled we would deffinitly be looking to get some help.
  12. Don't give too much away to anyone loitering outside while you're waiting to go in. They could turn out to be the opposition & won't think twice about exploiting your inexperience, given the chance...