UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law

I recently attended a CMD, i am representing my partner in…

Customer Question
I recently attended a CMD...
I recently attended a CMD, i am representing my partner in a disability discrimination/Public Interest Disclosure case, he was with me at the CMD. The Respondents have conceded to concede disability. The Claimant has a clinically well recognised mental health condition as a result of an incident at work, further exacerbated by the Respondent who failed to offer any support or counselling services and did not deal appropriately with any of his grievances.

They still continue to assert even though they have conceded disability that the Claimant has suffered no detriment as a consequence of the incident.

I had previously written 3 letters to the Respondent asking for further and better particulars as points in the response were contradictory and not based on fact. The Respondent ignored all of my requests.

In addition the Respondent was asked in the CMD notification to draft up (agree with party before hand) a list of the legal and factual issues and submit to the ET no later than 7 days before the CMD. They failed to do so, so i contacted the ETS and got a reply from a Judge saying that the Employment Judge will deal with non co-operation of the Respondent and if it deems the CMD a waste of time they will be condemned in costs.

On the day of the CMD about 2 mins before hand i was handed a list of issues by the Respondents representative. I had no time to read or fully understand the issues. The Judge accepted these issues despite the Respondent not complying with the CMD notification. I was taken by surprise, this put me and the Claimant at a substantial disadvantage. I felt coerced by the Judge and barrister and not being legally qualified this was most certainly i feel used to the Respondents advantage.

I had previously submitted a CMD agenda, highlighting issues referring the ETS to my correspondence sent to the Claimant, i requested a preliminary hearing. My CMD agenda was not used or referred to in the CMD the only document the judge used was that provided by the Respondents barrister.

Every time i tried to speak he obstructed me and i did not have the opportunity to state the case or have involvement in the drafting of issues, the conversation was more between the barrister and Judge and i felt completely disregarded.

I know that we have a case and that it is has merit but he continually mentioned 'the court of appeal' which i think is inappropriate since we had not had a hearing to determine the case. He also proceeded to explain to me that this case is going to get incredibly complicated for me.

He dismissed the Claimants evidence from his GP, mental health link workers and Clinical Psychologist stating that this does not constitute as expert medical evidence and that i will not get very far with just this and that it must come from a consultant.

I put it forward that is does constitute as 'expert medical evidence' the ETS in other cases and the court of appeal have declared that it constitutes as medical evidence and should be considered by the tribunal. He dismissed me and said that 'he is not bound by other cases and it does not constitute as expert medical evidence'

He said in order to have any prospect of success i would need to obtain a Consultants report, which i now been asked to do, we are on benefits and have no means of doing so. We have already provided a lot of medical evidence to the Respondent and yet it is all being dismissed included a report from the Clinical psychologist. Yet the Respondent without any expert medical opinion still continues to assert he has suffered no detriment .... which i find concerning to say the least. They were previously ordered to obtain an experts report but declined to do so.

The rapport between the judge and barrister was somewhat unsettling and the respondent does have influence in our area and it felt there was certainly some kind of affiliation.

He acted unreasonably and unfairly, surely my CMD agenda should of been considered, surely the Respondents continual non-cooperation should of been addressed, instead they have been given permission to amend their response, even though i have not made an amend to the claim and still my questions and requests for additional information remain ignored.

The Judge was in my view arrogant, and prejudice against me and the Claimant, can someone please advise on the above i am going to write to the REJ about this.
Submitted: 5 years ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 6 hours by:
4/6/2012
Solicitor: Fran-mod,
 replied 5 years ago
Fran-mod
Category: UK Employment Law
Satisfied Customers: 48
Verified
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago
Yes still waiting for an answer.
Solicitor: Fran-mod,
 replied 5 years ago
Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago
It is the Easter holidays here in UK so i doubt anyone would be working until next Tues as we have a bank holiday, i would appreciate a quick response but understand if there is a delay.
Solicitor: Fran-mod,
 replied 5 years ago
Thank you for your patience, your business is very important to us, we are waiting on the Expert with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago
Yes i would still like an answer so plesae keep it open, after the Easter hols i am sure i will get a quick response!
Solicitor: Fran-mod,
 replied 5 years ago
Please understand that it’s rare when we cannot find the right professional. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately at your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.
Ask Your Own UK Employment Law Question
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 9,031
9,031 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,031 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I am very unhappy with the service provided by my UK lawyer.
Hello, I am very unhappy with the service provided by my UK lawyer. To be clear, she made false promises to me (which encouraged me to hire her in the first place), would not follow my instructions, n… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,684 satisfied customers
If I didn't make it through a 6-month probation, do
If I didn't make it through a 6-month probation, do restrictive covenants in my contract still apply? It says that I can't work for competitors or suppliers, which would stop me working completely as … read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I'm going through the employment tribunal procedure against
I'm going through the employment tribunal procedure against former employer for constructive dismissal, but I think they've changed Company name to avoid payout. Is that possibles?… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I am currently in dispute with my employer as he has made me
Hi, I am currently in dispute with my employer as he has made me redundant whilst on maternity leave and replaced me by putting his daughter's hours (who was already part time) to full time. It has al… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I'm been investigated at work for overtime claimed, I'm
I'm been investigated at work for overtime claimed, I'm currently on the sick after a miscarriage … read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I've just found out that my best friend is being interviewed
Hi. I've just found out that my best friend is being interviewed for my job tomorrow. I have not resigned but am still in my probationary period. No indication that I have not been meeting expectation… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
My daughter has received a final written warning letter
my daughter has received a final written warning letter following on from a Disciplinary Process which is unsigned. I notice your response to an unsigned letter being sent notifying of a date of a hea… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
This was quick. I've been working for a company called
Hi, this was quick. I've been working for a company called Adecco and they send me 4days per 6 hours to work in receptions Amplifon is the name and I still need to get the money from them. The dates a… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
My constructive dismissal meeting was held, the attending
Hi, my constructive dismissal meeting was held, the attending person was a director of the company but the note taker was a supplier for the company. Should a third party, who is a supplier be taking … read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I have been suspended on full pay from Bupa. I have worked
I have been suspended on full pay from Bupa. I have worked for them for just over a year. It has always been a hostile environment for me, although i assumed it would improve as they got to know me. H… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
Ben, Following our earlier conversation about me not
Hi Ben, Following our earlier conversation about me not revealing information about my appointment and treatment by my doctor to my companies' nurse. I have received the following comments in a letter… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I have signed a contract for 24months to a keep fit gym. Is
I have signed a contract for 24months to a keep fit gym. Is there a 'cooling off' time. This was 5 days ago.… read more
Jamie-Law
Jamie-Law
5,581 satisfied customers
I am an ex-BR safeguarded Rail travel employee of 26 years.
I am an ex-BR safeguarded Rail travel employee of 26 years. I have had a career break outside of the UK for 2.3 years returning to the same emplo*****, *****e building etc. so my UK service is continu… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I am currently in a consultation period for redundancy. I
Hello, I am currently in a consultation period for redundancy. I have just found about it today. Although they mentioned that they their intention is to keep me, I am quite sceptical given the circums… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
My question is regarding my company car. I gave 1 month's
Hello, my question is regarding my company car. I gave 1 month's notice on Wednesday so in theory my last working day would be the 28th February but my boss told me this morning that today will be my … read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
Just been dismissed on I'll health grounds my ex employer is
Just been dismissed on I'll health grounds my ex employer is paying me 12 weeks pay is this correct after almost 32 years? … read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I used to work for a large company (Arup) and 4 months after
For Ben Jones, Hi, I used to work for a large company (Arup) and 4 months after I left they are demanding back £1100 which they say was overpayment for holiday allowance. I understand the law says the… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers
I RUN A GP PRACTICE WITH 15 ADMINISTRATORS. WHILST MONEY IS
I RUN A GP PRACTICE WITH 15 ADMINISTRATORS. WHILST MONEY IS TIGHT THE LOWER PAID ARE TWO LOW. I WANT TO RAISE THE BOTTOM BAND FOR FOUR STAFF BUT CANNOT AFFORD TO PAY THE OTHER 11 EXTRA AS THEY ALREADY… read more
Ben Jones
Ben Jones
UK Lawyer
9,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x