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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44871
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm pursuing a tribunal constructed dismissal case at

Customer Question

Hello, I'm pursuing a tribunal constructed dismissal case at the tribunal at the moment. on the 23rd June I lost my case as the respondent has stolen my evidences so I needed to appeal, as I been representing myself, they took advantages of the situation during the exchange of documents for the bundles the respondent tampering my evidence and got rid of 3 pages where the proof of Race issues evidence where, the evidence where clear evidence of victimisation, bully and harassment and indirect discrimination. I put the appeal through, I have submitted an appeal proving how the respondent done the fraud, but as this is fraud I need to know who to deal with it. I reported the fraud to the police but they said that they don't get involve in this type of fraud, I don't know what I need to do. The Judges are aware that fraud has been committed, but I believe they won't get involve with this. I don't even know if my appeal has been approved. the last time I got in touch with the EAT the said that they has already informed the respondent that I've appealed.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What have the police said about this?
Customer: replied 1 year ago.
The police said that they don't get involve with Tribunal cases, as my case is on going. It is on going because I have appealed but doesn't mean they going to accepted.
Expert:  Ben Jones replied 1 year ago.
Did you not provide the tribunal with the missing evidence as soon as you realised it was missing?
Customer: replied 1 year ago.
It is a little bit complicated because my Constructed Dismissal was submitted to the Tribunal for not doing my appraisals for 5 years and not getting the help I needed to be able to carry out my work properly, pay raise ect. So I didn't know anything about the appraisal and they presented a big evidence that a development plan was carry out for a year so I did have the evidence but I didn't understand the evidence when the development plan was sent to me only when I went to the hearing that the judge was telling me very slowly I started to understand the whole situation and then the Judger was slowly addressing clues to me that I realised that the development plan was create year before my appraisal and that 3 pages were cut off during exchanging papers for the bundle hearing. I only found out on the hearing date but I didn't said anything because I didn't have the evidence so when home an look on copies that I have submitted to organisations for help with my case, I also believe that the person they brought to the tribunal as a witness wasn't my line manager and less she has change enormously in two years that I was not able to recognised her.
Expert:  Ben Jones replied 1 year ago.
This is not really fraud from a legal perspective and I am not surprised that the police have decided they would not get involved here. This is not really a criminal matter – it is something which needs to be dealt with directly with the tribunal or the EAT.
Now that the claim has completed and judgment has been reached you only really have a couple of options – asking for a review of the original decision from the tribunal or going to the EAT.
To apply for a review with the tribunal you must apply in writing within 14 days of the date the judgment was sent by the tribunal office. An employment judge may extend the time limit for reviewing a judgment but only if they think it is just and equitable to do so.
The tribunal may review a not to accept your response to a claim if:
• it is in the interests of justice, or
• the decision was wrongly made as a result of an administrative mistake
You would be arguing that new evidence has become available since the end of the hearing to which the judgment relates, provided its existence could not have reasonably been known at that time and that it is in the interests of justice to carry out a review. Generally, something must have gone wrong at – or in connection with – the hearing or which makes the judgment or decision unjust.
If the above is not an option then you can only take this to the EAT for an appeal. However, the EAT would generally only hear appeals on a point of law and this would not really qualify so you are best advised to try and seek a review of the original decision directly with the tribunal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

I have applied for considerations of the case with in 14 days but it was refused, I didn't tried for a whole review. But I did get an e-mail saying that if I was appealing the case I should not wait any longer, so I have submitted an appeal while waiting for the reason, my application on the consideration of the case denied was sent to me and the other partier on the 26th August.

Expert:  Ben Jones replied 1 year ago.
ok so what further queries do you have in relation to this please?

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