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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, I have received an acknowledgement of correspondence from

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Hi, I have received an acknowledgement of correspondence from the judge. My reconsideration for the employment tribunal is refused. It was only one point of argument on an "ambush" document, which could have been submitted with the trial bundle by the respondent. My question, Is there a further challenge on reconsideration? When I submitted my reconsideration, I do not know and my barrister did not advice me to send in a new evidence, which is a witness statement, that was rejected by the respondent at the hearing, being the statement only available the morning of the hearing. I did some research and found out now that any new evidence should be submitted to support my reconsideration. I did not add in this witness statement when I submit my appeal either. At this moment, I am still waiting if my appeal will come through. Shall I contact my case manager and explain whether I could submit this statement to the EAT registrar? Please advice. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me what the case is for please and how is the witness statement relevant to this.

Customer:

Hi Ben, I have been with the retail company for twenty years as a store manager. I resigned on constructive dismissal. the "ambush" document mention, contained the percentage cost to sale which lead to my conflict in the job. The operation director refused to reveal the % figure. Then after, the area manager, the regional manager, the security manager, HR, all ganged-up and issued me with disciplinary warning, one after another. The company director act as an independent person but was on the above management side. This witness statement is from an ex-manager. This manager was also been harassed but he gave up and resigned. I stood up. If you don't stand up to the person discriminating against you, they're likely to keep on doing it, either to you or to others. This was what happened. The respondent felt threatened. That is why the statement did not reach the judge. I know that witness statement are meant to be with the trial bundle, but I only got the statement the morning of the hearing.

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

There is of course nothing stopping you from contacting the case manager, or in fact you would really need to write to the Judge as they are the ones making the decisions. The tribunal does have quite some flexibility in deciding what happens and they can vary their own rules but this will only happen if the judge believes it is reasonable and in the interests of justice. You would have been given more leeway had you been unrepresented as you may not have known the specific rules but as you had a barrister the tribunal would have expected you to be advised properly. Still, you can list the reasons why you did not do what was required of you and ask for a further reconsideration, citing that it is in the interests of justice to do so. The issue is that if it is rejected directly by the judge your chances of taking it further are greatly reduced as an appeal can only be launched on very specific grounds which may not necessarily apply here.

Hope this clarifies your position? #

Customer:

Hi Ben,

Ben Jones :

Hello, can I help any further?

Customer:

Hi Ben, This leave me in a very difficult situation. The more I google on employment law, the more frustrated I got, knowing that I am not provided the proper procedural rules by my solicitor. Without legal aid, we employees in the retail sector have already been pushed to a corner. This part of the reason why 70% drop in employment claim. Exploitation need to be control in a way. I kept fighting, trying to clear my name.I felt the judge has misunderstood how vital was the ambush document and the witness statement are. I could see the judge point of view was I was represented. The loss of the case falls on misrepresentation. So is the negligent with my solicitor. It is worrying now that I had not submitted document like closing submission, rejected witness statement to support my appeal. I am much clearer now. Have to accept the outcome. Does it mean now I have to sue the solicitor instead? Thank you. Lisa

Ben Jones :

If this was the solicitor's error then there is a potential case for professional negligence and you would have to sue them directly I'm afraid.

Ben Jones :

Hope this clarifies and I understand it may not be the answer you were hoping for but obviously I have to be honest with you

Customer:

Hi Ben,

Customer:

Hi Ben, Thank you again. I will keep you inform further.

Ben Jones :

many thanks, ***** ***** all the best for now

Customer:

Hi Ben, I will rate excellent.

Ben Jones :

much appreciated, thanks

Customer:

Hi Ben,

Customer:

Hi Ben, If I rated and submit, do I have to re-registered or would I or how would I get in touch again on line. Thank you.

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