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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48787
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I am helping an Aunt of mine put her papers together for a

Resolved Question:

I am helping an Aunt of mine put her papers together for a tribunal hearing. She is 66 years old and after serving for over 11 years was dismissed because we believe the employers were trying to avoid redundancy payment. The question is what is the procedure for presenting the papers - time limits etc She is now a pensioner and can not afford representation
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When was she dismissed and what was the reason for that?
Customer:

The Claimant was dismissed with immediate effect for misconduct on the 28 June 2013

Customer:

The claimant believes the respondent acted unfairly in dismissing her, had insufficient evidence following an investigation that was flawed and acted to avoid the payment of redundancy due to her. The claimant wishes to seek redress and compensation.

Ben Jones :

Has a claim been submitted yet or are you in the process of doing that now?

Ben Jones :

Sorry just seen this in the additional information box, which was out of view.

Ben Jones :

So, what does she actually need to do at this stage, what is the next step of the process?

Customer:

she needs to put her papers together (not much as she was a junior member of staff) I think 7 days to the hearing. Respondents have sent her a bundle of papers with their side of the story. She has no experience of this so a little imformation of what she needs to do will help

Ben Jones :

Ha the tribunal issued a case management order, for example setting out specific dates to do specific things leading up to the hearing?

Customer:

the claim has been submitted. hearing date is 28 February. It does however seem like the claimant is ill equiped to fight this big dinausaur employer in tribunal

Customer:

only that claimant has 7 days before hearing to present papers

Ben Jones :

does it specify what papers?

Customer:

it simply says - you may supply written representation within 7 days

Customer:

it also says that she must comply with any case management issued. i am not aware claimant received any

Customer:

are you still there - or have i not answered correctly

Ben Jones :

I am just finishing off my response

Ben Jones :

Ok well the usual order of proceedings would look something like this:



  • Once the claim is submitted and assuming the tribunal has no outstanding issues to deal with at preliminary hearings, the parties simply continue to prepare for the final hearing

  • If no formal order for directions has been issued by the tribunal, it is for the parties to agree between themselves as to what will happen and the steps that are to be taken in the preparation

  • Usually, at least a couple of weeks before the hearing, the parties will send each other all existing documents that are relevant to the case, such as contract, letters, policies, etc.

  • Then one party, usually the respondent as they have the resources to do so, would compile a trial bundle which includes all of these documents in a chronological order and paginate it, sending a copy to the other side. This then gives a documents bundle which both parties can refer to

  • The next step is to prepare the witness statements – if she does not have any witnesses then her witness statement will be the only one. In it she needs to tell the whole story of the circumstances leading up to the claim and she can refer to documents from the bundle as necessary, linking to the page numbers in it.

  • She would also be advised to provide a schedule of loss to detail what exactly she is claiming, in case the tribunal decides to hold the costs hearing straight after a decision is made at the hearing


 

Customer:

thank you. As she will be representing herself and with little or no experience - will they just ask her questions at the tribunal and she simply answers

Ben Jones :

more or less yes, the tribunal knows she is not legally trained and will not expect her to know everything about the process, but at the tribunal the respondent will have the chance to ask her questions, the tribunal may ask her to clarify things and she will also have the opportunity to ask the respondent and its witnesses as well if she has any questions

Customer:

thank you very much. i will let her know this. that will be all.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Customer:

ok

Ben Jones :

thanks

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