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I've raised a money claim online against my Employer for…

I've raised a money...

I've raised a money claim online against my Employer for grievance I raised in 2016. My Employer at the time offered a compensation amount which I disputed was too low. The claim is for the amount I think is reasonable for the grievance raised

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I haven't to be honest There are other matters involved that led t

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don't belong to a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The background does help bring context to my grievance and claim and I have the various documents like my claim and Particulars of Claim and just received my Employer's defence from it's Lawyer against my claim.

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Answered in 3 minutes by:
3/27/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,157
Experience: Qualified Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Please can you provide some background information? Also, how long have you worked for your employer?

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Customer reply replied 25 days ago
Hi Ben,I just tried to upload the necessary documents but it's not allowing me to.I've worked for my Employer for over 10 yrs.

OK not to worry and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Hi there, I have not seen the documents yet unfortunately. Can you please summarise what the grievance was about and why you think the employer owes you money as a result?

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Customer reply replied 24 days ago
Hi Ben,I did mention difficulty I had uploading documents about this claim. I will try again and hopefully all the information you need to answer my question about this claim will be in the documents.Background, I had a near fatal car accident in April 2015 and the worst of my injuries was a Traumatic Brain Injury which I'm still recovering from. I was under the impression that my employer who found out what happened to me from my wife had done everything to ensure my case was looked after properly but I began to find out that wasn't the case. I raised a grievance against my manager for the various issues I was finding out. The Audit Manager that investigated my grievance upheld most of them and asked the Business to compensate me for the awful experiences I had at such a painful time. I was offered a compensation amount but it was too low to me. I am raising a claim now for the rest of the compensation that is more of an accurate reflection of the awful experiences I was dealing with.Please review all the documents and answer1. Do I have a legal basis to claim such compensation amount?
2. Are there any legal examples that is similar to back up my claim as it's gone to the County Court now?If you need anymore documents to look at, please ask me.Kind regardsSamson

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

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Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 6,733
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

Why have you not gone to the Employment Tribunal?

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Customer reply replied 24 days ago
I did go to the ET and brought a disability discrimination claim but the argument of the Defendant Lawyers was it's way past the time of the incident so the claim should be struck out primarily on that basis. It was struck out.

So are you claiming for anything you have raised before? The statement says you are.

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Customer reply replied 24 days ago
Hi JamieI've attached a copy of what I raised as my discrimination claim to the Employment Tribunal that was struck out primarily because it was out of time. I can't see the how this shows that I've raised the same claim of inadequate compensation amount before.

Did you raise the grievance ?

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Customer reply replied 24 days ago
I did. The outcome of it is attached below.

Ok - it is bad news I am afraid. If you have raised any issue before either at Court or the Tribunal then you can not raise it again here in the County Court.

In any event, the County Court is not a matter to resolve employment disputes. This should be the Tribunal.

Therefore to answer your questions:

1) No

2) No

It should be dealt with in the Employment Tribunal, not County Court.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

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Customer reply replied 24 days ago
Hi JamieThanks for those answers which is definitely not the answers I was hoping to hear.
I am confused about this claim, it's about money owed to me as far as I'm concerned. I am sure claims about money can be brought to the County Court not Employment Tribunal?
The claim I brought to Employment Tribunal was a discrimination claim which generally has a 3 month time frame from the date of the incident to raise such a claim. Mine was raised almost 2 years later so it was classed as out of the Judge's jurisdiction to preside over such claim and eventually struck out.
This is the first time I've raised this particular claim - inadequate compensation amount for outcome of grievance raised.
Questions:
1. Are you saying that such a claim cannot be raised now because of my discrimination claim which clearly wasn't about this issue?
2. If that is the case, can anything be done now that it has been passed to the district Judge for a hearing date to be set?I'm not sure Jamie if you had access to all the documents about this claim I sent to Ben but I've just uploaded them again if not.Kind regardsSamson

1. If it was raised at ALL in the ET then it can't be raised here. From the statement of D it as.

2. You can agree that the case be discontinued with no order as to costs

I have already read the documents.

Does that assist?

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Customer reply replied 24 days ago
Thanks Jamie for that quick reply which helps.I thought it's the first time I'm bringing such a claim but you are saying it was mentioned in the D claim to ET so I cannot bring a similar claim again to a CC. I have memory problems from my injury so don't remember the past clearly. I'll ask the Defendant Lawyers about discontinuing the claim and see if they agree to it.

Indeed. Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

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Customer reply replied 24 days ago
Regarding this claim I don't think there is any more clarity I need other than I also raised another claim to the CC about private medical care I did not receive and would like monetary compensation for it. I'm guessing your response will be similar in that I mentioned it already in the D claim to ET?I'll rate your service and help after I finish here.

Correct. Whatever you raise in ET can't be raised again here in CC

Does that clarify?

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Customer reply replied 24 days ago
Are you able to quickly have a look at this claim and give me a definite yes answer?

You are raising it now, you can't do that, assuming it was raised in ET

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Customer reply replied 24 days ago
I don't think I raised this particular claim at ET but that's me. I thought I quickly ask you given you have a copy of my D claim to ET to compare if that is the case. I forgot, there are extra documents to attach to complete this claim.

Ok - please bear in mind this is a limited online service. You pay a very low fee to speak with someone.

I have been through many pages of documents, which is outside the remit of the fee.

If you never raised it at ET then you can claim here.
But the statement from the Solicitor says it has already been raised before.

You need to deal with that.

Does that clarify?

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Customer reply replied 24 days ago
Hi Jamie
I appreciate you have gone beyond the scope of the online service I paid for. I shouldn't take anymore of your time about a different case. I will do my best to compare the ET claim and this new claim to see if I'm submitting a claim already made to discontinue it.Kind regardsSamson

Ok - Can I clarify anything for you about this today please Samson?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 6,733
Experience: Solicitor
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Jamie-Law and 87 other UK Law Specialists are ready to help you
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Customer reply replied 24 days ago
No more Jamie. I've just submitted the 5 star rating for your help.

Thanks

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