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We are a small building firm who employ 5 staff, 6 months ago

we dismissed 1 member of...
We are a small building firm who employ 5 staff, 6 months ago we dismissed 1 member of staff for aggressive gross misconduct, he has since took us to court for unfair dismissal,the case papers where lost in the post and the judge brought the hearing forward with out our response papers being used has evidence, he awarded the employee over 8k in settlement and will not allow a review and said we are lying about the problem with the post, where do we go from here, your advise would be appreciated
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Answered in 6 minutes by:
1/8/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,060
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know about the circumstances of what happened with the lost documents and what were you sending them in for?

Customer:

The lost documents where being sent to ourselves to inform us that we where being taken to court, we never received them and still havent to this day. The first papers we received where the responce papers and then a ET3 came a few days before the hearing.

Ben Jones :

So by the time the hearing came was the court aware that you had not received the claim form? Did you try and submit your defence before the hearing?

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joannem1965
joannem1965, Advocate
Category: UK Employment Law
Satisfied Customers: 264
Experience: LLB (Hons), LPC
Verified
Hi there you've only got a couple of options here - ask for a review or appeal. The ET judgment can be reviewed if they've previously decided not to accept a response by a party or if new evidence has become available. If you were to appeal you can only appeal on a point of law and I don't see that being the case here to be honest so a review is still your best option

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Customer reply replied 5 years ago

For Ben Jones only.


Hi Ben, we have asked for a review and or an appeal in the time given, 42 days but a different Judge replied and said he would not allow either, I have since wrote to him answering the reasons why he would not permit a review, we have not heard back as yet, the letter was sent on the 17th January.

Hello again. I agree that an appeal or a review are your only options but the issue is if a review has been rejected by the ET it may not actually be easy to challenge.

The ET Rules state:

"The application to have a decision reviewed shall be considered (without the need to hold a hearing) by the chairman of the tribunal which made the decision or, if that is not practicable, by –

(a) a Regional Chairman or the Vice President;
(b) any chairman nominated by a Regional Chairman or the Vice President; or
(c) the President;

and that person shall refuse the application if he considers that there are no grounds for the decision to be reviewed under rule 34(3) or there is no reasonable prospect of the decision being varied or revoked.

If an application for a review is refused after such preliminary consideration the Secretary shall inform the party making the application in writing of the chairman’s decision and his reasons for it."

The Rules do not actually state what happens if a review is rejected and you would ideally need to try and escalate this higher within the ET, such as the President of the Tribunal.
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Customer reply replied 5 years ago

For Ben Jones only,


Hi Ben,


Would the President be another Judge, is that why we had the reply from a different Judge to the one that heard the case, also can you explain what a remedy case means.

Yes it would be a Judge who also serves as President. A remedy hearing is a hearing where the tribunal decides what compensation is to be awarded.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,060
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones
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Category: UK Employment Law
Satisfied Customers: 49,060
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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).

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