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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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1. what is the process of reconsider and appeal one the

Resolved Question:

1. what is the process of reconsider and appeal one the judgement is out
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

Can you please explain your situation a little more?

Customer: replied 1 month ago.
I pursued and matter as a claimant in the employment tribunal, the judgement was partially in my favour. Out of three claims the tribunal upheld one claim and denied two claims.
The two points which were denied, was purely because of the perjury done by the respondents, now I want to request tribunal for reconsider and appeal.
all I want to know here is
1. how to apply for reconsider and appeal, its complete process?
2. once the appeal has been sent to the tribunal, to be send the skeleton or just points, which I think was missed by tribunal?
3. would there be any hearing for appeal as well?
Expert:  Jamie-Law replied 1 month ago.

When was this?

Customer: replied 1 month ago.
It was in April and decision came in June first week. But I fell seriously ill and doctors asked me not to get involved in any matter which can cause me stress. I got fitness certificate from doctor day before yesterday.I understand the timeline is important but due to my health I couldn't do it before also I have got few new evidence which I could have got before.
Expert:  Jamie-Law replied 1 month ago.

Where the decision is handed down you have 42 days in which the decision was sent to appeal. It appears that you are out of time - so you first need to seek permission to appeal, out of time.

1. You need to complete a Notice of Appeal form:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=3136

You can only appeal if:

  • got the law wrong
  • didn’t apply the correct law
  • didn’t follow the correct procedures and this affected the decision
  • had no evidence to support its decision
  • was unfairly biased towards the other party

2. You dont send the skeleton at this stage, but before the hearing

3. Yes, there will be a hearing to decide the appeal.
Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
what about the reconsider option?
Customer: replied 1 month ago.
I am not convinced with your answer, could you be please be more elaborate.
How I have send new evidence with the appeal for and all the points which I think been missed by Tribunal.
Customer: replied 1 month ago.
Do** I have send new evidence with the appeal for and all the points which I think been missed by Tribunal.
Customer: replied 1 month ago.
My apologies for my grammar today and highly stressed
Expert:  Jamie-Law replied 1 month ago.

You do not send any new evidence. Its simply a review of the decision of the Tribunal.

Just because an Appeal Court would not necessarily have made the same decision, does not mean its appealable.

You are not permitted to submit new evidence, as its just a review.

You simply point of out in the grounds of appeal, what has been missed.

Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
Are we talking about appeal or reconsideration?
Expert:  Jamie-Law replied 1 month ago.

appeal. That is because you disagree with the decision.

Does that clarify?

Customer: replied 1 month ago.
Dear Jamie - LawThanks for explaining the same thing! But what I am trying to understand is that, what is reconsideration?You have been explaining to me the procedure of Appeal, but haven't told anything about reconsideration.Could you please throw some light on reconsideration as well. As I was suggested that I can ask for reconsideration or appeal.I want to know about reconsideration as well, please!!
Expert:  Jamie-Law replied 1 month ago.

If you can show that it is in the interests of justice to change the tribunal’s decision you can ask for a ”reconsideration” by the employment tribunal.

You will not be successful in changing the decision unless you have a strong ground. Success is possible where you can show that, for example, new evidence has become available whose existence could not reasonably have been known or foreseen at the time of the hearing which would have an important influence on the outcome; that the employment tribunal made a mathematical error in calculating compensation; or that the decision was made in the absence of the party who did not receive notification of the hearing or who was absent for another very good reason.

To obtain a reconsideration you must either request it at the time of the hearing or in writing by stating the grounds in full within 14 days of the judgment being sent to you. Time limits are strict and you must act quickly.

Therefore as this happened in June you are sadly way out of time.

Does that clairfy?

Customer: replied 1 month ago.
Despite medical reason I am not allowed to ask for a reconsideration?I have found some new evidence which I couldn't have had before does this qualify me for asking for reconsideration?
Expert:  Jamie-Law replied 1 month ago.

The timeline is 14 days unless you can show you were medically unfit, i.e. In a coma.

No, the new evidence does not qualify.

Does that clarify?

Customer: replied 1 month ago.
Quite sure just begin in COMA is not only medically unfit health complication.
If a person is diagnosed with chronic depression and stress which is due to the outcome of the matter and the doctor has suggested to stay away from the matter until you are fit.would this not be considered as medically unfit,, or it's just COMA!!
Expert:  Jamie-Law replied 1 month ago.

No. It is not just a coma. But a condition must mean you are not mentally fit and classed as not having capacity

Does that clairfy?

Customer: replied 1 month ago.
Thank you, ***** ***** clarifies lot of things now.Finally could you please tell me,
1. How should I request for reconsideration, and what do I have to send along with it.
Can I send new evidence along with it?
Expert:  Jamie-Law replied 1 month ago.

1. You write and ask for it with reasons. Yes send new evidence although it may not necessarily be considered.

Does that clairfy?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you so much for your answers and time..I have changed my rating for you, although my 5 star won't make big difference in you 1 star..