What if?... Witnesses!
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- Опубликовано: 25 авг 2024
- In this video I answer 3 key questions about witnesses,
How many do I need?
What if the other side has loads?
What if I have none?
If you are preparing for your case now, good luck!
👋 Heads up!
I am not a lawyer nor do I ever claim to be. This is advice based on my own experience representing myself in a gruelling 11 day trial with a cumulative 14 days in court and a full 2 years from case commencement to Remedy award. Read more about my case here: www.thetimes.c...
My case was heard a week ago and I am waiting for the deliberation and the result... Halfway through, I realised I was more confident and by the time I gave my summation I was in a place of 99.98% confidence. The judges and lay persons are switched on. Mine were and they hadn't missed a beat. They ended up grilling the respondent's harder than I did. I acted entirely on my own as a litigant in person against a national company. Remember if the court does not think you have a case they may have dismissed it/struck it out before you reached a final hearing. Remember the fundamental reasons you decided to take it to court, if you did your research, and did it well... you may surprise yourself. Good luck.
Great you felt so confident! Best of luck
Without you I don’t think I would have gone for it . Thank you 😊x
You’re welcome 😊
Thanx 4 the Video…I have NO Witnesses- Great Help I have my ET Case end of September 2023
Best of luck!
I❤your channel and your energy💪💐
I appreciate that! Thanks!
Thank you!
You're welcome!
One man against the world
It's a song by Gregory Isaacs
Fab 👌
I'm going to have to rep my self.
As every no win no fee i call won't take my case as I'm self employed.
But I really should have been employed.
Iv got a list of potential claims.
But I'm not sure 100% what is viable
But getting charged 300-500 ph for a solicitor.
I can't afford it as the situation iv been left in.
And I only have 3 weeks left to complete my et1 form as my employer wouldn't speak to acas.
And I was issued with my cert straight away.
I'm suffering from anxiety and depression.
And its put loads of pressure on me.
Take a deep breath. These courts are supposed to be fully accessible without the need for lawyers
Just fill in the et1 honestly, lay out what they did that was illegal/wrong and submit it. Don't give up!
@@beentheredonethat9647thanks for getting back to me.
iv been told don't bring to many things up.
And try and stream line my claim.
So iv got disability discrimination.
But also whistleblowing.
So would I just bring one of these claims?
As I got told if I go 4 whistleblowing they usually fail if bringing other claims.
Cheers
@keithdavies4365 this sounds like terrible advice. Tell the whole story and raise everything. If parts of it aren't strong or applicable you can vary it later. For complex cases there is often a preliminary hearing where a judge goes through the issues with both parties to plan the hearing. Don't exclude anything. Best of luck
@@naomihefford4485 thanks for confirming that cheers
@@beentheredonethat9647💪👍💐😘
very good 👍😊
Thank you! Cheers!
@@beentheredonethat9647 as you may know - workplace abuse and bullying - is a big problem in the NHS - it's tricky too, because they can't settle cases without Treasury aporoval - i'm not far from a full hearing against a Trust, but it really acts as a deterent - I was a TU rep too - but the rancud bullying and practices to obstruct & cover-up are really pathetic 😓😂🤞😊 so your work really helps...
I love your video.. so beneficial for understanding the process. I am going through it for discrimination case and the respondent wants 7 people and I don't know who they are clearly.
1. Can I request the names of people of witness? Thanks..!
2. Do I call the 7 people to cross examination?
3. Do they come to the court?
4. How do I know the clear and detailed timetables per day as Final hearing? Final hearing is booked for 7 days..
Thank you for your help if possible. X
1) you'll learn their names and be given copies of their statements well in advance of the hearing (you may already have a witness statement transfer date planned)
2) the judge will ask you and the respondent what the best order will be for the witnesses to come
3) yes they come to the court to be cross examined by you (i have a video on cross examination which may help)
4) the hearing will start with you as witness 1. Then your witnesses come up. Then theirs. Then closing statement from respondent. Then closing statement from you. Then panel deliberate and make judgement
@@beentheredonethat9647thank you so much for your reply.. really appreciate it!
In detail, I am on the stage to impact statement with medical records after PH.
During the PH, the Respondent said they would call up to 7 people including perpetrators and grievance and appeal managers. However, names were not clarified and I do not know the names yet.
Just FYI- I do not need cross examination from all 7 people as some of them are meaningless and irrelavant to this case! I believe the Respondent wanted to scare me to call up to 7 people.
In this case,
1) it is normal not to specify the names of witnesses at this stage on Case management order?
2) Do I call and cross examine "all" 7 people if they give me the witness statements of all 7 people?
Or I can choose a few people only who are "relevant and important" to the case?
If their witness statements are full of lies, but if I think it is not relevant to my case, do I still need to cross examine them?
Thank you so much. You are an angel for the people who are fighting with hope! ❤
Are you available to speak to? or email? Think I've done very poor et1 and want to amend / add to, have preliminary hearing in three weeks and not sure about strength of case.... The more I watch and read the more my head spins. Many thanks.
Don't panic! A preliminary hearing is exactly what you need. The judge at the preliminary hearing will be able to answer any procedural questions you have. Watch my "do I have a case" video and also the "codebreaking" one to learn about the lingo they use. Good luck!!
How do I go about knowing how much in the injury to feeling 😊
Watch my video on this ruclips.net/video/PvXPU2U7TGo/видео.htmlsi=04nK_XwoS35P-L4o ..and this free downloadable ruclips.net/video/Yr3ZSv7ri68/видео.htmlsi=oRzZy8JsKwVA6-NR
After working out my unjury to feeling i believe i fall in the 2nd band and working out 6-7 months of loss of income including their error in causing 10 days of my loss of holiday i worked it to at leat 30:000 even though i did only 18 months and they fired me for doing their job they responded by saying they wont be black mailed i thought they would at least come to somewhere in the middle but no they would rather threaten me
Sounds like you will get the justice you deserve at the tribunal. They can't treaten you there. Best of luck
@beentheredonethat9647 they trying to call it blackmail and I have no witnesses but like you said the judge will not be biases and my emails are proof of what I went through and my mother will be my witness how she went alone to her father's casket without me I.have photos of him because they would not give me 1 day to offer comfort but I will be using your videos as a guidance, thanks for your response
Do I have to pick an amount for injury to feeling or can I just pick a band for the et1 form 😊
Both. Pick a band and an amount and then justify it x
I want my medical records including in the final bundle but the respondents are dragging their feet. What legal right should I quote in my favour? Thanks.
Cite the Overriding Objective (I have a video on this too) clause 2 d " The overriding objective of these Rules is to enable Employment Tribunals to deal with cases fairly and justly......
(d) avoiding delay "
This is from the Tribunal Rules which you can download here: assets.publishing.service.gov.uk/media/63629f57e90e0705ad93ee5b/consolidated-rules-october-2021.pdf
Here's my video on the Overriding Objective ruclips.net/video/jDA0CwZwj0Q/видео.htmlsi=Np9B33bWGvVrl3FK
Thank you so much. @@beentheredonethat9647
What do i need to get ready for the preliminary hearing. I made my case when i was working for the compnay i have now left as i couldnt take it any more, is it too late to add constructive dismissal? im not sute i can do this twice.
If it all relates to the same set of events then yes you can add constructive dismissal, and a preliminary hearing is the ideal place to organise that
Quick question when filling out et1 start date with company , is it the date I first worked or the date I got my permanent contract 😊
Depends why you started before getting a contract. If it was just late use the date you started. If you worked as a casual or something before that it's more complicated. If in doubt, call ACAS :)
Hi. Can you help? The respondent is asking me to prove that I had mental disability during the relevant period? How do I do this? Thanks.
Ask your GP surgery for a copy of your medical records covering the period relating to this condition. That should be enough for now. If the respondend demands a formal medical report from a medical expert, you can offer your availability but insist they pay for it.
If they try to bully you over needing a formal medical examination, refer them and the tribunal to the EAT decision in Hampshire County Council v Mrs C M Wyatt: UKEAT/0013/16/DA. This judgement states the following:
"29.However, we do not accept the Respondent’s argument that medical evidence is an absolute requirement or that an award cannot be made in the absence of expert medical evidence in every such case bar those of low-value without error of law. We would be concerned to see such a principle established, bearing in mind in particular the financial cost involved in obtaining expert medical evidence. We also consider that there are potential practical difficulties that may arise."
Side note, sorry you are having to handle an employment tribunal with a mental disability. Very impressive, well done, stay strong
Hi. You have been very helpful and kind and I thank you for this. Best, Mujahid
Does the judgment can take a very long time? Like months?! Still Waiting a month now
Hi 👋
Written judgements can take a really long time, but deliberations shouldn't. Did you get a verbal judgement? You can email the tribunal to chase it up (don't forget to cc the otherside as always)
@beentheredonethat9647 no verbal judgment either. The judge said they will get it in 28 days the judgment at least, but now is a month and nothing came up yet. I might ask again x
@beentheredonethat9647 in case of any payment, does it happen only after the judgment and the written reasons been given?
Sorry I missed this. Once the judgement is ussed they must pay within 14 days. If they don't, an interest rate of 8% per annum is applied. You can enforce payment using this form
www.gov.uk/government/publications/form-ex727-i-have-an-employment-or-an-employment-appeal-tribunal-award-but-the-respondent-has-not-paid-how-do-i-enforce-it
(I used it, it works, it is a high court rit so leads to bailiffs if ignored)
Hi dear, I now received the judgment and reasons. Won constructive dismissal and failure to make reasonable adjustments, but not discrimination, which I think might be wrong. Do you have any advice on reconsideration and appeal ? X
I need help and I would love to be able to talk to you one on one about my problem and get some advice over a call. Tutorials and videos are okay but I have a bit of a unique case that I would like to run by you. Is there a means of contacting you? Social media and the likes?
Hi 👋 I'm really only here to build a library of free resources for people. I'm not qualified to give bespoke advice. Hugely recommend ACAS x
Thanks for the reply, could I ask where do I put the questions for my former employer on the et form thing. And I am struggling with the form, can ACAS or Citezens Advice help, I am not the best with forms. But I have to represent myself. This whole thing has been a nightmare but thank you for being a Ray of light
Update: The Respondent has yet to send me their ET3 as of the deadline date 21/11/2023, but to my knowledge, they sent a request for an extension to the ET office without sending any information to myself. Now I have about a week to respond. In your oppinion would it be acceptable to request the judge denies his request for an extension since he did hear about this on the 14/10/2023. I understand you cannot give legal advice but was this a tactic your employer used?
Hello, I really appreciate what your doing. Can I ask what you went to tribunal for? Is there any way I could chat to your privately for some advice?
I have a link to some news articles from my case in the bio. Glad the videos are helping. I'm so sorry I can't offer direct support for people (i just don't have time with 2 little ones and I'm not qualified to give specific advice) however, if there's a part of the process you want me to cover from my own experience let me know 😃 😊
Hi do you still have your email? I know your busy, and perhaps you get hundreds of messages, but please ackonwledge 11.07.2023 email, only if you have to say recieved? Thank you
Hi so sorry I can't keep up with the emails. So so sorry. If there's a general topic you need some advice on let me know and I'll try to cover it. I get a lot of emails asking advice on cases and I can't keep up xxxx
@@beentheredonethat9647 thank you for replying, i understand