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MatthewM1117
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Can a judge in Employment Tribunal predict her decision if

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Can a judge in Employment Tribunal predict her decision if the case had a different route?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 12 days ago.
I will wait
Good afternoon thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you provide some further background information so that I can best advise you?
Customer: replied 12 days ago.
I was disciplinary dismissed for verbal and psychological abuse of a resident in care home. Actually it wasn't a real reason of my dismissal
Customer: replied 12 days ago.
I was bullied by my manager for over 3 years. She involved in many investigations without grounds
Customer: replied 12 days ago.
My solicitor who represented me before preliminary hearing told lies. He said that I do not suggest any grievances against the manager was a reason of my dismissal
Customer: replied 12 days ago.
I made 3 grievances against the manager after my first whistleblowing letter
Customer: replied 12 days ago.
My solicitor advised me and convinced me that my case is only wrongful and unfair dismissal
Customer: replied 12 days ago.
I didn't realised he acted against me
Customer: replied 12 days ago.
The judge in her decision said "I was firly dismissed for the abuse and if I the hearing had a different route which I wanted I still would be dismissed because I didn't take a resident to the toilet when she wanted3
Customer: replied 12 days ago.
First, the resident was taken to the toilet. Second, it wasn't a real reason of my dismissal
Customer: replied 12 days ago.
I applied for decision reconsideration but the judge rejected it
Customer: replied 12 days ago.
she said "whistleblowing discrimination etc were not raised in my ET1 and at the hearing
Customer: replied 12 days ago.
If theye were not raised, could the judge say that she would make the same decision that my dismissal was fair?
Thank you for the confirmation, I am sorry to hear about your circumstances can you clarify what your question is?
Customer: replied 12 days ago.
If whistleblowing, discrimination, victimisation and harassment at work were not raised in my ET1 and at the hearing, because my solicitor made professional negligence, could the judge say that she would make the same decision that I was fairly dismissed? The the alleged abuse was in my statement written a month after my shift.
Customer: replied 12 days ago.
Before writing the statement I had already allegations
Customer: replied 12 days ago.
I'm going to make a claim against the solicitor but he said their services wouldn't change judges decision. It's illogical for me. If whistleblowing, harassment etc were not raised so how can the judge know what decision she would make? It's biased and discriminate me
Customer: replied 12 days ago.
The judge trapped me. My appeal was rejected and now my claim for professional negligence may be rejected
Has the solicitor explained why these claims were not included in the claim?
Customer: replied 12 days ago.
I guess he was briebed by manager. He said he followed my instructions. It wasn't true. When I asked him on the phone "what about whistleblowing, harassment?" He said " no, it's only unfair and wrongful dismissal"
Customer: replied 12 days ago.
Moreover, he wrote in ET1 that detriment for whistlrblowing was out of statutory time limit
Customer: replied 12 days ago.
But I made three whistleblowing letters, the last one was at the same time when I appealed the decision about my dismissal
Customer: replied 12 days ago.
The company disciplinary dimissed me before i received the outcome of my grievance.
Customer: replied 12 days ago.
They breached their policy. Shouldn't it be automatic unfair dismissal?
Thank you so if the claim for whistleblowing was out of time it would not have affected the judges decision. A tribunal does not have jurisdiction to hear claims that are out of time.
However if the claim was in time this should have been an avenue that your solicitor explored.
Customer: replied 12 days ago.
But he didn't and he ignored further grievances I made. They all were linked. Ombudsman confirmed it and they said it's the judge who would decide whether it is out of time or not
Customer: replied 12 days ago.
My manager was black and she discriminated white people, especially foreigners. She would do everything to keep her position
Customer: replied 12 days ago.
My question is about the judges decision. Could she predict her decision if the route of hearing and ET1 was different? Her decision is without grounds
A judge cannot predict a decision without hearing evidence of the same, and the ombudsman is correct in confirming that the judge will decide whether the claim was brought within statutory time limits.
Customer: replied 12 days ago.
This is what I think. Where can I find law reference to the judge's decision? Law for the first sentence you wrote above? I want to include it in my professional negligence claim
Customer: replied 12 days ago.
It has to be supported by law
You will need to write to the tribunal to request written reasons for the decision. However if you have already appealed you will be unable to appeal the matter again.
Customer: replied 12 days ago.
I don't want to appeal. I want to make a claim against the solicitors
Customer: replied 12 days ago.
They say the judge' s decision would be the same even if they worked properly. I have to undermind it to say that the law says the judge cannot make her decision before seeing evidence
Customer: replied 12 days ago.
What is the law related to judge decision?
What was the ombudsman’s decision?
Customer: replied 12 days ago.
The firm's services were below reasonable standard in 5 points. I wrote 7 points but the two remaining were not significant. They offered me £500 compensation
Customer: replied 12 days ago.
I didn't accept it. My basic compensation was over £5000
Customer: replied 12 days ago.
Ombudsman quated judge's decision
Thank you for the clarification, I am unsure what the last point refers too?
Customer: replied 12 days ago.
That even if my claim concerned whistleblowing the result would be the same. The judge would make the same decision that I was fairly dismissed. When I said her decision is without grounds because in application for reconstruction she said whistleblowing wasn't raised
Customer: replied 12 days ago.
Ombudsman said they don't deal with judge decision and treat it as evidence
Customer: replied 12 days ago.
The same did the firm. They say I did much suffer due to their negligence because I the dismissal was fair
Customer: replied 12 days ago.
In fact the dismissal wasn't fair. The judge made a few mistakes. She reduced my fault and left the same punishment.
Customer: replied 12 days ago.
Where can I find law reference regarding making a decision by a judge in ET?
Customer: replied 12 days ago.
Ombudsman can't discuss the judge decision. It's out of their scope. That's why I want to make a small claim against the solicitors
Customer: replied 12 days ago.
I am a little trapped by the judge's decision. That why I want to clarify that she was wrong,
Customer: replied 12 days ago.
Just in case, the firm starts again to support themselves with her decision. The decision is wrong and illogical and includes discrepancies. I need law reference

Thank you for the confirmation, you will be unable to pursue any further action against the judge or their decision. You would need to instruct solicitors to bring a claim for professional negligence, I must admit that from practice claims of this sort are rarely sucessful and the fees can be expensive.

Customer: replied 12 days ago.
How do you know the judge cannot make a decision without seeing evidence?
Customer: replied 12 days ago.
I don't want to pursue the judge decision. I want to make a small claim for professional negligence. I don't help me. Please answer the above question.
Customer: replied 12 days ago.
You don't help me.
Customer: replied 12 days ago.
Or just say you don't know so I will connect with someone else.
Customer: replied 12 days ago.
How do you know the judge cannot make a decision without seeing evidence?

To pursue a claim for professional negligence you will need to instruct solicitors to do so, we do not undertake representation on this platform this is a Q and A site.

Customer: replied 12 days ago.
My question in this discussion is general and simple. I don't ask you to undertake representation. My question is:
Customer: replied 12 days ago.
You said the judge cannot make a decision without seeing evidence so how do you know it?

Judges are governed by The Employment Tribunals Rules of Procedure

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