Employment Tribunal being biased towards employer?
Discussion
My ex-employer and/or their solicitors in my tribunal case are always late with regard to meeting deadlines imposed by the tribunal. However, the tribunal has always allowed the employer to be late with no sanction.
The latest excuse is that the respondent's solicitor dealing with the case left and their replacement is getting up to speed. As it is a large firm of solicitors I find it hard to accept they could not get another up to speed to meet the submission date.
I am concerned this latest delay will cause the hearing to be postponed. It has already been a long time since my dismissal and I'm not sure I can cope with another delay, probably some months.
My solicitors do not seem to want to push the tribunal for action in case they upset them and it backfires against me. They have written asking for an additional costs order and an "unless" order to be issued but give the impression they do not want to do anything further.
Whilst I can understand their point, I'm looking for advice as to how best to ask the tribunal in "strong" terms to get the employer to meet its obligation.
The latest excuse is that the respondent's solicitor dealing with the case left and their replacement is getting up to speed. As it is a large firm of solicitors I find it hard to accept they could not get another up to speed to meet the submission date.
I am concerned this latest delay will cause the hearing to be postponed. It has already been a long time since my dismissal and I'm not sure I can cope with another delay, probably some months.
My solicitors do not seem to want to push the tribunal for action in case they upset them and it backfires against me. They have written asking for an additional costs order and an "unless" order to be issued but give the impression they do not want to do anything further.
Whilst I can understand their point, I'm looking for advice as to how best to ask the tribunal in "strong" terms to get the employer to meet its obligation.
uknick said:
My ex-employer and/or their solicitors in my tribunal case are always late with regard to meeting deadlines imposed by the tribunal. However, the tribunal has always allowed the employer to be late with no sanction.
The latest excuse is that the respondent's solicitor dealing with the case left and their replacement is getting up to speed. As it is a large firm of solicitors I find it hard to accept they could not get another up to speed to meet the submission date.
I am concerned this latest delay will cause the hearing to be postponed. It has already been a long time since my dismissal and I'm not sure I can cope with another delay, probably some months.
My solicitors do not seem to want to push the tribunal for action in case they upset them and it backfires against me. They have written asking for an additional costs order and an "unless" order to be issued but give the impression they do not want to do anything further.
Whilst I can understand their point, I'm looking for advice as to how best to ask the tribunal in "strong" terms to get the employer to meet its obligation.
So any impression that the tribunal is biased against you is coming from your solicitors? What costs agreement do you have with them?The latest excuse is that the respondent's solicitor dealing with the case left and their replacement is getting up to speed. As it is a large firm of solicitors I find it hard to accept they could not get another up to speed to meet the submission date.
I am concerned this latest delay will cause the hearing to be postponed. It has already been a long time since my dismissal and I'm not sure I can cope with another delay, probably some months.
My solicitors do not seem to want to push the tribunal for action in case they upset them and it backfires against me. They have written asking for an additional costs order and an "unless" order to be issued but give the impression they do not want to do anything further.
Whilst I can understand their point, I'm looking for advice as to how best to ask the tribunal in "strong" terms to get the employer to meet its obligation.
I'm not sure that you can accuse them of being biased, they just aren't being particularly strict. If they were allowing the employer to be late but penalising you, that would be bias.
Generally speaking tribunals rumble on at their own pace trying to be fair to all parties. You certainly need to try and get on with life because waiting for a tribunal to come to a conclusion can take a long time.
Generally speaking tribunals rumble on at their own pace trying to be fair to all parties. You certainly need to try and get on with life because waiting for a tribunal to come to a conclusion can take a long time.
Not sure if they are biased yet, hence my "?" in the thread title. But, it seems when I ask for anything it is rejected along the line that rules are rules, but when the respondent wants anything leeway is given. I'm waiting to see how the tribunal deals with this latest delay, which if no action is taken against my ex-employer will definitely affect preparation of my case.
I appreciate sentiment about getting on with life, but case has already being going on for over 2 years and if the tribunal is delayed it will be nearly three years. Which is why I don't want it delayed any longer. Plus, until case is won, I can't get another job due to nature of my profession.
I appreciate sentiment about getting on with life, but case has already being going on for over 2 years and if the tribunal is delayed it will be nearly three years. Which is why I don't want it delayed any longer. Plus, until case is won, I can't get another job due to nature of my profession.
Without wishing to go into too much detail, time to get to tribunal is partly due to internal appeal process taking a year in total to go through all the stages and the case then being tabled for long hearing at tribunal. The case is not a straight unfair dismissal and involves a lot of factors.
And, before you ask, the internal process was done correctly. It just took so long due to the number of appeals taking place, three months for the first and then nine months for the second. I think the organisation hopes the claimant will lose interest and drop the appeal before they go through all the stages.
With regard to my solicitors; they are employment experts and they come from a company with a good reputation. I just like to get a second opinion on all things in life. They do seem a little naive at times with regard to the ways of the world but from the two or three firms I saw before I made my choice this seemed to be normal.
And, before you ask, the internal process was done correctly. It just took so long due to the number of appeals taking place, three months for the first and then nine months for the second. I think the organisation hopes the claimant will lose interest and drop the appeal before they go through all the stages.
With regard to my solicitors; they are employment experts and they come from a company with a good reputation. I just like to get a second opinion on all things in life. They do seem a little naive at times with regard to the ways of the world but from the two or three firms I saw before I made my choice this seemed to be normal.
I had the same problem taking an ex-employer to an ET. They were always late meeting deadlines (returning paperwork) and cancelled a date for the actual tribunal on 3 occasions which was extremely frustrating, and always at the last minute. On the other hand, I didn't respond to a letter from the ET because I didn't receive it and received a strongly worded letter right after the deadline imposed on the missing letter.
In the end the ex-employer settled directly with me on a Thursday night when the 4th date had been set to go ahead the following week starting on the Monday. It just felt like they were trying to drag the process out to make it go away but the ET didn't seem too bothered about the stalling on their behalf.
In the end the ex-employer settled directly with me on a Thursday night when the 4th date had been set to go ahead the following week starting on the Monday. It just felt like they were trying to drag the process out to make it go away but the ET didn't seem too bothered about the stalling on their behalf.
I've seen the problem from the other side, with an ex employee using an unscrupulous lawyer (are there any other?) to trump up all sorts of b
ks and use delaying tactics to put the employer under pressure. The upshot was a settlement that cost the employer a few K and gave the ex employee a few hundred at best after settling his legal bill.
A waste of time for all concerned. Except the lawyers on all three sides of course.
In my experience the ET system is one of the worst organised and run of any we have. Tales of inefficiency and stupidity are rife.
ks and use delaying tactics to put the employer under pressure. The upshot was a settlement that cost the employer a few K and gave the ex employee a few hundred at best after settling his legal bill. A waste of time for all concerned. Except the lawyers on all three sides of course.
In my experience the ET system is one of the worst organised and run of any we have. Tales of inefficiency and stupidity are rife.
My case is progressing and I have now come to the point where my solicitors want to put the case papers to a barrister. They have given me the names of a couple of barristers in London they may choose from.
Before I say OK, I thought I would ask if anybody here could give me an opinion as to the names put forward.
I do not want to name them in public so if any of the barristers/lawyers here do want to give an opinion please send me a PM and I will give you the names.
Thanks for any help you can give.
Before I say OK, I thought I would ask if anybody here could give me an opinion as to the names put forward.
I do not want to name them in public so if any of the barristers/lawyers here do want to give an opinion please send me a PM and I will give you the names.
Thanks for any help you can give.
My experience is that, with a few exceptions, there is no predisposition towards employer or employee. Most employees lose at tribunal, but that is because the law tends to favour the employer, and maybe also because many employees pursue claims that they would be best advised not to; but if an employee has a good case and presents it well, he or she has as good a chance as anyone. I mostly act for employers, mainly because they usually have more money for lawyers than employees do, but was pleased to have a rare outing for an employee and get a satisfying win just before Xmas.
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