u/Overall-Fox-4735

Hi guys, I’ve got an in person appointment in 2 days after having my last couple of appointments via video call as I cannot afford to travel to the job centre as it is too far away and i can’t afford the taxi and I can’t use public transport and walk due to a disability.

I am awaiting a WCA and supplied an indefinite sick note and was granted video appointments after previously mentioning the affordability and mobility issues preventing me from attending. I asked for these as a reasonable adjustment any my commitments were then changed to massively reduce my job search requirements.

But for about 4 days I didn’t have a sick note before getting the indefinite one and my work coach decided to book an in person appointment. I asked them if my indefinite sick note meant we could go back to the reasonable adjustment and they said my sick note doesn’t exclude me from in person appointments. I asked what that has to do with my reasonable adjustment request and I have been ignored for the last 7 days with no response to multiple journal entries.

Also my work coach keeps doing this thing of pretending all disabilities are the same and if some people with disabilities can work why can’t everyone , is this grounds for a work coach change?

Hi guys, thank you for recommending me to take some time off its really allowed me to refocus.

I wanted to ask a question about something that has been bugging me for a while now.

When preparing the bundle for a hearing to decide disability, the R’s rep initially objected to my request to add their response to my medical statement and evidence to the bundle and repeatedly said it was out of the ordinary to make this request but they eventually added it.

Am I in the wrong for asking for it to be added as my thinking was it would lock them into a position in the hearing as they made some partial concessions?

I’m not sure if they were attempting to perhaps ignore it and take a different stance at the hearing or if my request was genuinely out of line.

Thanks for any help.

So I have a bit of a tricky question, part of my claim is for unpaid holiday and I recently stumbled upon pictures of my working rota(only mine no other employee or company name is in the pictures) that proves I was underpaid holiday and I referred to this evidence without actually including it in my SoL.

The thing I am worried about is a potential gross misconduct polkey argument as we weren’t ever given the ability to send ourselves our rota via email or have it on our phones like we did our teams chats and it was only available by logging into the company computers which is very unhelpful and unnecessarily difficult.

They are arguing that this claim is false, which is impossible but the bit that concerns me is the company policy where it says you cannot remove any company properly unless authorised and that includes any documentation relating to the company its clients and employees and includes copies electronic or written of these documents. If you do you will breach security and compliance policies which can lead to gross misconduct summary dismissal and data protection legislation.

My question is would the tribunal allow them to break employment laws by hiding behind this and as there is nothing in the photos that relate to any other employees or the company just my own hours for record keeping is that an easy way out for them. Especially considering the fact they have ignored any request for a document with my final pay and outstanding holiday pay explained and I heard from a member of HR in another tribunal case that they were struggling to calculate employee’s holidays.

In a sentence. If the R refuses to provide evidence that the C is able to produce that could be argued as a breach of policy who will the tribunal most likely side with?

Hi guys, i’d like to apologise for yesterday’s outburst I didn’t mean to come across as offensive but I can understand if i did offend anyone and I hold my hands up.

I’ll take a step away from this sub and my case as a whole for a while and try and reframe my thinking to get ready for my hearing.

I’ll apologise once again and I wish you all the best in any upcoming hearings.

How do you guys deal with the mental side of having to represent a stubborn R, for example you know the C is still adversely affected by their conduct and is suffering due to the delays but the R you are representing refuses to budge even with what you consider to be a realistic threat of losing the case.

I know there are some reps who align with the R and further the mental anguish of the C with their submissions but curious to know how the reps in here deal with these kind of situations.

Interested to know what the longest delays people in here have faced are and any tips you have for anyone just starting out who inevitably will get something similar with the increase in cases from the ERA 2025.

My personal approach might not be the best to recommend as I tend to push it to the back of my mind but it weighs on me even sometimes.

Would love to see your responses and thanks in advance.

Dates randomised for anonymity(assume we are now in March 2024)

Case filed in March 2023 along with an offer that was never responded to.

Sep 2023: Me and the R are ordered to send med evidence and a statement along with a response. Following the response I make a 2nd offer which is ignored for 2 weeks and then settlement talks are shut down after I push for a response.

March 2024: hearing meant to be held this month is delayed until September. As I have already sent more than what was asked for by the R in their response I ask for a reconsideration to their stance on disability and am told it will take a while to take instructions. Fully costed SoL sent which is more than double the March 2023 offer and almost 25% higher than sep 2023 offer.

I am considering redoing an offer at a similar level to march 2023 as the process is grinding me down but don’t want to come across as desperate and cede any ground in the battle of wills.

What would you guys suggest?

Thank you in advance.

Question for the rep’s in here. Interested to know if you guys have defended more than 5-6 cases for the same respondent in one year. If so do those who are always being taken to tribunal approach settlement differently or are they treated differently by a judge having to see them multiple times for similar issues. I would assume it has to be case by case for the last point but surely there is a line where the judge punishes them for repeat offending.

Thanks in advance.

Just a follow up to my previous post about making an offer of around 50% of my SoL(based on my hearing date)

I have a couple of issues I reckon. Firstly my hearing is in 6 months. I’m still waiting on a concession on a disability point as the client is dragging in giving their rep instructions. My last settlement offer was also around 60% of what I intend this offer to be and wasn’t given a hard no but asked to provide evidence of things like inj to feelings and then told we won’t entertain settlement offers at the moment.

Is going in with a significantly lower offer a bad idea as it might come across as desperate to settle?

Thanks in advance.

If your hearing is in for example 8 months, would you be better off proposing an offer to with the SoL up to the date of hearing and then proposing a lower amount as a commercial offer to entice a settlement. That way if you do go to hearing you can stick to your SoL with full justification.

Thanks in advance.

How long would you say it takes to “receive instructions” on average and is it dependent on the issue at hand. For example something like a settlement or a concession on a point I assume would be longer than usual.

Is there anything in the works regarding delays and how to reduce them. I’m seeing some cases wait 18 months for a PH and then get a 4 day final hearing 6 months after that.

I would think 18 months for a PH is too long but then I see people being listed for 2030.

It affects both respondent and claimant but I think on average it affects more claimants as they may be out of work due to the R’s actions or the stress of a multiple year case could get to them.

Interested to know the thoughts of the people in here

So I did as suggested and contacted the Respondent’s solicitor.

I asked that now I had provided what they had requested to consider conceding on disability had their position changed as this would negate the need for a PH and made no mention of any intention to pursue a PTO.

Usually the solicitor is very quick to respond even if it’s something as simple as saying they will receive instructions but this one has seemingly been ignored.

If i was to win at a PH would I be able to use this email as proof to secure a PTO as I did all I could to resolve the matter before the hearing.

Thank you in advance.

Would I be justified in making a PTO after providing what the respondent requested to concede a point? The point being the basis of our prelim hearing. Would this be counter productive or inducive to perhaps reaching a settlement. Thanks.

For a substantial PH, is the bundle the be all and end all for things you can rely on? For example if the respondent made an admission in an email to the tribunal but then did not include said admission, would they be able to pivot and change their argument as the evidence is not in the bundle.

Sorry for the long post and thank you for all the help

Does the judge only rely on the bundle for the hearing? Or are they able to access previous CMO statements by the respondent not included in the bundle and if not does this allow the respondent to alter their arguments as compared to having to stick with the position of the CMO statement if included. Sorry if this is long-winded and confusing and thank you in advance.

Is a costs warning letter the biggest sign the respondent thinks you don’t have a leg to stand on? Or is it something else like no settlement discussions or refusing to engage in them. I imagine its the former or are hard no’s uncommon in this field.

Thanks.

If a respondent had a 5 figure judgement against them for a specific act, then turned around and committed the same act a few weeks later does that hold any weight with the tribunal? Or do they just have to prove they updated their policies 18 months letter and get away with it because they have “changed”