Have you ever taken your employer to a Tribunal?

[MissCommando]

If so, for what reason/s and was it more stressful than you anticipated?

[Madruby]

Hi Mc,
I havent but I know someone who did.
They were representing themselves as they were dismissed without notice or reason, unfortunately they were unaware of how many people were present on the day after being 'allegedly' forced to be 'on the other side' Extremely intimidating!

I was present at one as an observer, never again!!....but saying that....If I knew then what 8I do now...hell yes!! I would make that mf pay!!

[EDDIE51]

You really need help from a lawyer or a union advisor at a tribunal , other wise the 'other side' will run rings around you . You need to be very confidant and sure of everything to go it alone.

[chas2008]

yep, never made it though, they settled before it got there. It was over redundancy which made no sense and wasnt handled properly, i had already been paid out just thought i would cause some problems for my company, as you do...
When i saw that my companys solicitor was in offices overlooking Hyde Park i just kept writing letters that the solicitor had to answer,I dragged it out for months, must have cost them a fortune in legal fees..

[tonywiltshire]

I have attended a number of Employment Tribunals (ET), and I am well aware there are some very poor employers as there are employees.
In my experience over 50% of cases are settled without attending an ET and there are costs involved in defending, normally costs are not awarded. Legal aid is not available and if your position is straightforward and you have confidence you should be able represent yourself. Only the chairman of the tribunal is legally qualified, there are usually then two lay member of the tribunal, one from each side of industry, it is an informal atmosphere often conducted in a room with relaxed rules of evidence but it is basically adversarial. If you have not attended an ET before I would strongly suggest you visit and watch as a member of the public, do your homework and seriously consider any offer that may be made by the other side.

[lcg]

yup....mr kicker did. he lost his job after his boss 'turned' on him (as he wouldn't break the law and lie to his clients at her request). she bullied him, made horrid comments about him and pored over his work with a fine toothed comb to try and get him in trouble (but that didn't work either). he eventually went off work and got very unwell (he had existing mental health problems) and she lied saying he was abusive and threatening to her....but there was no evidence to back this up - her word against his. he went through sickness procedures; retiring n health grounds procedures; but he was just fired from his job. took them to a tribunal for constructive dismissal which was very stressful (and an extremely long process) and they tried to present him in a very bad way, but other witnesses contradicted this and his work was exemplary. he won his case and was awarded compensation, but it in no way made up for the stress, financial and emotional damage that he experienced. he is still very scarred by the process, is unable to work (so i now support our family by working up to 70 hours a week) and remains very unwell. i think everybody involved lost out massively and it really did change him as a person. after 8 years, he has gone back to uni part time to do a masters and is doing well, although he requires loads of support to do this. he still harbours a deep hatred of his ex-employer and is very distrustful of other people. he talks of finding work after his course, but i am dreading him struggling to do so or being let down by others and not finding work. but....a little bit of me hopes that he will be able to get somewhere and be happier. we'll have to see how life turns out x

[shaneystar2]

Yes .
I was made redundant and then my job which I had held down for nearly fifteen years was advertised within about a fortnight of them giving me the heave ho as " no experience necessary" so I went to ACAS.
It was very stressful and dragged on for ages .
In the end they settled out of court about three days before the tribunal was due to take place . I think they were aware that there would be adverse publicity.
I had a good case and they knew it .Ok I may have settled for less but I seriously could not go the through the aggro a minute longer in spite of having my husband ,who knows a bit about this sort of thing ,behind me all the way .I still got a good few bob and mentally stuck two fingers up at them :)

[MissCommando]

Thanks so much for all your answers.

It's my husband who is taking his employer to a tribunal for 2 different reasons. He has been told by 5 different solicitors that he has a very strong case. I know it'll be really stressful (it's already stressful now) but the tribunal won't be until early next year (not had a date yet).

I don't think his employer will try to settle beforehand. The ACAS conciliator has spoken to them and they told her that their staff have wasted enough time on grievance replies, that they are not interested in any meetings to sort it.

His employer also failed to phone in for the Case Management Discussion which the Judge wasn't best pleased about so it's had to be re-scheduled.

I'll definitely update you all afterwards to let you know how it went.
That's a good idea Tony (about watching an ET) and you are allowed to phone the Tribunal Service so they can let you watch a case similar to your own.

[MissCommando]

Gosh lcg76, I'm glad it sounds like he's started to get some confidence back. Sounds like it's been a long process, bless him.

Oh, those of you who have taken your employer to a tribunal, did they ever give you a dodgy job reference or bare minimum?

[thenry]

As long as you go through the Industrial Tribunal Process with the ACAS interruption you should be OK as long as the employer does not have a good case. If he does he needs to get his "i dispute the claim" form presented in time. If your husband has a good case - don't worry !

[grffindoor2011]

I've seen both sides of the coin.

I was a regional union rep for several years and attended several tribunals. I've also been there for myself.

It helps if you know what to do and how it all works.

I've only been stressed once. Long story, Asian woman hired, could hardly speak English, applied for job within company far above her level (i'm talking part time admin person to full time senior management position). She didn't get it, resigned and went to a tribunal. Lost case then proceeded to come at me with snarling teeth threatening death to my 'sons and daughters'.