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Stuart J
Stuart J, Solicitor
Category: UK Employment Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I went to prehearing, and I had not a translator, can I say

Customer Question

I went to prehearing, and I had not a translator, can I say this prehearing is invalid? Either I wrote in the claim only one reason for race discrimination, and later I send and email with many more reasons, the judge stroke out all these reasons, can I amend it still ? thanks

Submitted: 3 months ago.
Category: UK Employment Law
Customer: replied 2 months ago.
this is uk , england question, employment. only for stuart J
Expert:  Stuart J replied 2 months ago.

I apologise for the delay in keeping you waiting. This is only just been brought to my attention. I’m afraid the race discrimination in this context is not really my area so I will have to opt out for another expert. Kind regards

Customer: replied 2 months ago.
the problem is not about race discrimination, it is about a prehearing, and I had not translator and I gave 1 reason in the online claim and later I send the rest. the question is how can I cancel it and if I cant. this is not about race discrimination it is about employment tribunal and this is your area.
Customer: replied 2 months ago.
Stuart J. I dont understand why you dont want answer this question, it is about employment tribunal , the forms, nothing to do with racism discrimination, and EVEN RACISM DISCRIMINATION IS YOUR AREA.
Expert:  Stuart J replied 2 months ago.

I’m afraid that neither race discrimination (which is what you are saying that your employment tribunal was about) nor whether not having a translator present made the hearing invalid or not is not my area either. Although you didn’t mention employment tribunal in your question.

I can tell you that it would only make a hearing invalid if you didn’t understand the nature of what was happening. What would then happen is that you would have to appeal.

The difficulty with an appeal is that the other side can get costs awarded against you if the appeal is unsuccessful. Costs are not normally awarded in the first tier but there is a risk on appeal.

I can’t add any more I am afraid

Customer: replied 2 months ago.
But you can´t say in a tribunal, it was for more than race discrimination, it was too for other reasons. they defendant said nothing about the many questions I did , or points they should answer in the pre hearing, they said nothing,
2 the defendant did not go to the prehearing, just the barrister.3. the barrister was asking many questions and many points in the bundle that would need time to answer them, checking documents, asking solicitors, checking previous emails, IT WAS IMPOSSIBLE ANSWER ALL THE POINTS OF THE BARRISTER IN THE PREHEARING. even now for the appeal, I can´t remember what she said to do the appeal. IT IS NOT RIGHT THE BARRISTER SAID ALL THIS POINTS SPEAKING IN PREHEARING WITHOUT SEND THEM PREVIOUSLY IN WRITING ? the point here is not the racial discrimination, the point here is how the prehearing was conducted by the judge, dont allowing me speak, all the time for the barrister, and impossibility to answer properly the barrister as explain, while the defendant answered nothing I gave with months in writing ? is that correct ? how should I ask for the prehearing invalid or what to do here ?
Customer: replied 2 months ago.
translator is not important ? if I undestand most that what said, it is not important ?