The list of issues: UK Employment Tribunal process, representing yourself
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- Опубликовано: 25 авг 2024
- In this video, I will explain what the "list of Issues" is, what you need to do, what to expect from the respondent and how to make sure you are advocating for yourself. I hope this video helps you in your own journey representing yourself at Tribunal.
👋 Heads up!
I am not a lawyer nor do I 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...
Congratulations on winning the case! It’s very inspiring to hear that you can win even if you can’t afford a lawyer. Most people give up before even trying so well done!
Thanks! Hopefully more people feel confident to go for it!
thought i would say, as you have successfully been through the process - finished a 2-day PH last week - dismissed on TU & W/B grounds in July '22 - a 3 week case is now set, it will be big as it is a famous NHS Trust - only problem, not until April 2025!! 🤷😢 - still, it is over now in that sense, the big hearing was last week - thanks for your videos - they do help 👍
@beentheredonethat9647 I really commend you. I would really appreciate further information as to how you went about disputing your claim independently. It's hard work, and I'm feeling really defeated mentally, physically, and emotionally and I'm only at the stage of listed issues. 😅 Any words encouragement or advice woukd be greatly appreciated. I'm currently disputing am Indirect sex discrimination claim [Flexible Working policy], with aspects of victimisation. Its alot. 😢
Hello going through this myself,Company said gave me and handbook and contract it is signed by me ,(But I did definitely not sign and never received one)What happens in court concerning this,Many thanks.
What a fabulous concise and clear delivery that was and very warm too. Bravo thank you
Glad it was helpful!
Well done on your win. Also we have filled out the ET-1 form with the claim but it was dont incorrectly but it was still accepted by the tribunual. Of course the repondants law firm pointed out the issues which has done us a favour. We have the pre hearing over the phone on the 6th june so time to submit an application to ammend clam and get things right at the early stage. My friend does not have a legal reprsentative as her union let her down so we are doing this ourselves so far. Hence why the need to binge watch your content and others to get a good undersanding of things.
Hope these vidoes are helping you! Preliminary hearings are an excellent opportunity to fine tune the claim details, take the time to ask lots of questions and get the details right. The judge handling case management with you will be able to talk you through anything you dont understand. Reminding them regularly that you are a litigant in person will help too
@@beentheredonethat9647 Thank you. Very kind to respond.
@@beentheredonethat9647💐👍💪😘
Thanks for the tips really need them right now no solicitor really stressed on medication due to all this so this video gives me a bit of confidence about arguing my case. I will be good at that as I'm a supervisor trying to do his best.
Glad it was helpful!
Good luck I’m in the same position and it’s hard, bloody hard😢😢
Thank you! This was so helpful!
I'm so glad!
This video has been a great help! 😊
Great!
I am waiting for acas outcome... and I don't know if I have courage to go to the Tribunal... but let's see... I am missing holiday pay, two weeks wages and notice pay plus got few false allegations.
The more people who fought back and win the better. You can do it!
We are going for it😊 acas outcome didn’t do much, they missed the fact that ex employer “fabricated” my signature… it’s going to be an interesting case😂
Thank you
You're welcome
I didnt write my list of issues correctly. I only did them right after seeing your video. The solicitors has now offered me a small sum to close the case but had stated they believe they would win the case. They also stated that i am way out of time to change my list of issues that i submitted. I have a prelim hearing in September 7
Prelim hearing will be a good time to ask a judge whether or not there's time to amend the list of issues. It's not up to the respondent, let the judge decide.
If they've offered you a settlement It's unlikely they truly believe they'll win. They most likely want to silence you
@beentheredonethat9647 i should also note that their solicitors also asked me to clarify my list of issues either by email or at the prelim but because the prelim got postponed I sent them an email instead and then after seeing my amended list they responded with a settlement instead. Is it possible that they would rather settle now to save solicitors costs also?
Yes that's called an economic settlement offer if they essentially offer you what it would cost them to represent themselves. Have a watch of my "do I have a case" video. If you think you can win, keep fighting 💪
I am representing myself and currently preparing the list of issues in readiness for the preliminary hearing (23 November). Do I have to head each issue strictly i.e. as direct, indirect discrimination (I am floundering on this point) and then describe what they are because I am unsure if they are actually direct or indirect, or ...arising from. Disability discrimination is so complex. If I do not get these headings correct, will the judge not consider them? Further, what if I have missed a couple of things off my iniitial ET1 but have subsequently realised they should appear - e.g. flexible working request, vitimisation etc. Apologies for disjointed message. Regards Lynne
If you mislabelled any headings it isn't the end of the world. Judges know they are dealing with members of the public, not lawyers, so will be very forgiving. I'll do a video on directVindirect discrimination as it's one of those... complex ones..
@@beentheredonethat9647 You are a star! Apologies, I have also sent you an email.
@@lynnedawson2935 @lynnedawson2935 could I ask how it went at the preliminary hearing with the list of issues please? Would it be possible to email you for my own personal matter. My et1 has been accepted by the ET.
Ps great video!
Many thanks for this video, very helpful especially regarding the respondent's unnecessary list which dilutes and drags the meeting relevantly. Thank you so much.👏👏👏👏👏😊
I found your RUclips videos a great help. I'm representing myself. I'm at 2nd Pre hearing stage to discuss the agreement to settle out of court on January 28th. The pre hearing to discuss this, is on January 16th. My question should I add one small but significant incident to my ET1 form and copy to Tribunal office and respondents legal? Or should I wait till after the PH then send b4 28th? I prefer to send now to save the hassle or confusion layer.
Thank you so much
I've seen your email and will pop a reply over shortly. Glad the videos are helping!
Thanks for a very helpful video. Is it possible to take an employer to tribunal for discrimination when the employee was treated differently (very badly) to other staff members, because they chose not to have a vaccination for example? They were also treated differently to other staff members who also weren't vaccinated. Many thanks.
Hi 👋 Discrimination is specifically in relation to "protected characteristics". So unfavourable treatment that is as a result of someone having a protected characteristic would be Discrimination. Unfavourable treatment for any other reason is not Discrimination
My former employer claims I was self employed and this is why I wasn't entitled to sick pay or holiday pay for the last two weeks of my shifts. Thing is, I am not nor have I ever been self employed. Now I have 8 years of unpaid taxes and insurances. His business is going into insolvency but I need more advice on legal aid and how I would prove it when he hasn't provided me with any p45 or so on
I'm not sure I'm qualified to help with this. If you were employed you'd have had a contract or some terms, and been receiving payslips with PAYE details on them. Without that you may have been paid as a self employed person (whether or not you registered yourself). Read up on IR35 and check with ACAS
I had my prelim about 3 weeks ago. Set for a 4 day hearing in October!
Wow that's huge!
@@beentheredonethat9647 disability discrimination and harassment. Massive case.
@@ozbolliwould I be able to email you for some personal advice please?
@@ozbolli how did it go?
@@MO-ss5mj settled. Thanks for asking though.
In the remedy section is it okay to write questions? Do you have any written advice or recommend any written advice around doing the et1 form for discrimination cases? Is it okay for me to just do a claim for injury to feelings? This resulted in me resigning because I felt so distressed and humiliated but I didn't go
through a grievance procedure because I didn't want to have to do more meetings and they said the grievance procedure couldn't be done all in writing. I'm not sure if I have strong case for constructive unfair dismissal so was thinking of just claiming for injury to feelings.
I am doing a claim against my employer which involves different from managers, is it okay to do the claim against the employing organization and name the different mangers involved within the claim that discriminated against me? Is it better to find a representative to do the et1 or do it yourself?
That's a lot of questions! Watch my playlist on the basics and let me know if theres something else I need to cover
Thanks so much very nervous about the whole procedure,So if we know a contract was not signed by myself,But Employer saying I did and gave me a handbook ,Which they did not how does the judge look on this as I know I did not sign but they are bringing to court saying I did ?Thanks for all your help need it.
From a tribunals perspective, whether or not a contract has been signed can still mean the contract is valid. It's called "implied consent". Basically if you carry on working, it's implied you accept the terms and conditions of the job. However if you believe this contract is totally new to you and you have never seen it then you can make that a key argument and set up your witnesses and evidence to make that point proved. Good luck!
I have a race discrimination, bullying and harassment final hearing on Monday, it has taken 3 years, I’m representing myself, I need to do this they have offered a settlement, but feel ai need to do this 🙏🏾 so scared.
Well done for staying the course. Settlements are only right in some cases. In any kind of discrimination case, employers only learn and change if someone holds them to account. Well done for being that person. Good for you! And Good for any one else who works with these people in the future. Stay strong (and watch my other videos for help!)xxx
Hi, your videos have been a massive help, I don’t think I would have come this far without them. I have my PH next month and the respondent has breached a case management order deadline date. I’ve email the court to have their ET3 struck out in the middle of us exchanging documents. Do I need to wait for a reply from the tribunal regards next steps before I re-engage with the document sharing?
Also, do you know if you’re allowed to change your Remedy?
Any help would be massively appreciated. Thank you x
Strike outs are very very rare and unlikely to be considered for a deadline being missed (sadly!) So don't wait for a reply, carry on as you are, they might not see or respond to the strike out request untill the day of the hearing so don't lose any time waiting for their response.
And yes, you can change your remedy up untill it's gone into the bundle and over to the panel for the hearing.
Good luck!
@@beentheredonethat9647 ah thank you so, so much! That is very helpful x
When I got dismissed, they took my phone and laptop so I have little to no evidence. However my dismissal was unfair as I was a top performer beginning of the year and then in October got dismissed with no warning, the only meeting we had was one 2 weeks before the dismissal where the CEO made completely inappropriate comments (condoms, ex boyfriends) etc.
What do I do?
Make a list of the evidence you need (ie an email chain you would rely on, "all sms messages from Joe Bloggs", any files..etc) and request it from the responded or their solicitor. They are required to share it for the bundle. If they refuse, write to the tribunal, CC the respondents, attached their email refusing it, and request an Order from the Tribunal to share the evidence. Remind everyone of the Overriding objective. Good luck!
@@beentheredonethat9647 thank you so much!!
They’re completely denying the comments, would I be able to request CCTV footage of that meeting? Or is that not an option?
You can ask for most things, not sure about CCTV! Would the meeting have been in your Outlook calandar? You can ask for a copy of your outlook calandar if that helps
@@beentheredonethat9647 it wasn’t on my calendar as it was really spontaneous, however they made really inappropriate comments ‘condones, boyfriends’ etc and now are denying it and saying it was a formal meeting (even though it wasn’t) they’ve got a good lawyer defending them and I’m just worried I won’t be able to prove what’s happened! It’s awful how people are lying in these cases
Don't worry. Lies tend to get flushed out at Tribunal. Just tell the truth and be yourself (and try to be confident and consistent) and you'll be fine
Do I make a list of issues myself on the case management or does this happen during the preliminary hearing?
Usually it's the respondents job to do it, or it can be agreed in preliminary hearings, but being ready and planning this yourself... really taking charge of your case, can't be the wrong thing to do. It'll help you focus your strategy too
I’m have a question please . I have a date for the 2nd preliminary hearing and prior to that , I need to send in of x3 folders of any documents of my evidence case and I’m the claimant. I was not told of if I need to reprint the actual court sent letters to me and add to my evidence pile ?
Hi 👋 i have another video covering the paperwork generally here: ruclips.net/video/WqPH0E4_Dlg/видео.htmlsi=Vyj0WnNScpooinXy
If youre unsure, but may want to refer to it in court, include it 👍
Any idea if tribunal offer any compensation for deductions of wages? Holiday pay. Responded only paying the unpaid wages. Thanks
You need to put them in your shedule of loss. Deduction from wages is likely. Holiday you accrued vur hadn't used at the time you left can be included also. Future holiday from future losses won't be accepted
I have a PH in a few weeks and still trying to get my head around understanding the list of issues. It's disability, race and sex discrimination. Probably doesn't help that all this is so vague and I'm neurodivergent. I know you probably get a lot of people contacting you for help but if possible if I can understand it more in depth (list of issues) then I should be able to do it. Help
A preliminary hearing will be the best thing for you in that case. Remember these courts are meant to be accessible for lay people (non lawyers). Use this as an opportunity to ask the judge questions. If you don't understand something, just ask. They are very reasonable. It is in the interests of the Overriding Objective that both parties understand what is happening. Good luck!
Hi, can I get in touch with you directly?
Motherhentribunal@gmail.com
This is a torpedo…thank you…I submitted my ET1 last September and I’m yet to hear back from court. how do I chase it?
Hi 👋 you should be able to email or call your local tribunal office or give ACAS a call to speak to your original conciliator
I’m currently putting together my list of issues but have realised that I have described and event but have not labelled it as “victimisation.” Would I still be able to put this on my list or do I need to apply to The Tribunal to amend my claim? Thanks
If the respondent agrees for it to be listed as victimisation that should be fine. Mention the overriding objective when asking the respondent to accept this on the agreed list. Namely avoiding unnecessary formalities 👍
@@beentheredonethat9647 Thank you so much! 😊
Thank you! This is helpful!
Did you have to make any order? What about struck out? How do I reply to ET with those matters in case arise? Is there a particular form/format letter replying to ET about these. Thank you ever so much x
There's no fixed format or forms to use. A simple email to all parties laying out your grounds for making such a request will do. Remember these are supposed to be accessible courts to lay people like you and I so use plain english and spell out what you want to say or ask for. Good luck!
So we have to make contact with the respondants solicitors to agree on things as we have an ACAS conciliator?
You can liaise with ACAS conciliator while at that stage but if you have your EC reference and are moving towards tribunal you can speak to the respondent's representative if you need to
@@beentheredonethat9647 Thank you.
Hi im stuck with working out what the legal claims are.
Any pointers please?.
Ive sussed it.
Nice!
How did you find out that you can send a separate list of issues. The respondent is refusing to give me the witness statements. Their excuse for that is that we (they!) cant agree a list of issues. I have applied for a strike out under rule 37 but would like to be able to reference when I put my argument forward. Thank you! X
I didn't "find out" as such. I just did it. Remember this is your case, you brought it. It is customary for the respondent to take the lead on things like bundle prep, list of issues, providing printed bundles to everyone before the hearing...etc, but that doesn't mean you have to hang around and wait while they drag it out or try to make life hard for you. I prepared the entire bundle for my remedy hearing because they simply stopped replying to my emails. I even got them printed and sent to everyone before the hearing. If I hadn't there'd have been no bundle. It's your case, take charge if you need to! And good luck x
@@beentheredonethat9647 thank you so much. I've been through hell with these people. My hearing is next week and still no witness statements from them. I have prepared my own list of issues and now they are blaming me for not having their witnesses statements done. I've applied for a strike out ... absolutely shocking how litigants in person are treated.
Sounds like the same bunch of cowboys I went up against (peninsula). Phone the court and ask them what should be happening now. And/ or send an urgent email to all parties asking for an extra preliminary hearing to assess these issues. Bring up the overriding objective!
@@beentheredonethat9647 thank you for the advice about just getting on with stuff. I'm finishing my timeline and reading list now so at least I have my own to turn up with just incase. We have another preliminary hearing tomorrow afternoon to discuss the respondent asking for a postponement or and online hearing and their inability to prepare the witness statements for me apparently causing confusion. We will also discussing my application for rule 37. I'm up against a different firm but they have been advising my employer on how to manage me since I put my grievance in, in 2021. I have always tried to understand what I did to deserve the treatment I've had, but I can see why now, and where it's come from. Anyway I would never have got this far without you. If it doesn't go in my favour then at least I stuck up for myself. Sending you lots of love and gratitude. Xx
@@beentheredonethat9647 hey so my hearing got pushed back to October. Could I request a video on preparation time orders please?
You are a star, your videos gave guided me through the right path..and you are cute
So glad this is helpful
is there an email address I contact with questions?
Sadly I can't keep up with the emails, sorry, there's a link in the description for how to book time if you need some help (practical not legal)
Hi the ET-1 form does not have a list of issues category or am I missing something?
Also where does it mention also putting in the legal claims?.
Am I missing sonmething sorry. IM CONFUSED.
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/994536/et1-eng.pdf
The list of issues is not part of the ET1, it comes later