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[Closed] Employment tribunal - a very seriously nervous question.

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[#2619239]

It's a bit serious this time. I have been told to come to the employment tribunal hearing tomorrow re the claims against my former employer. When I was trying to gain more information about the procedures I got told it's all about compensation and haggling which annoys me as I don't believe in the suing culture. Anyway, it's been advised I had a figure in my mind. How much should I be asking bearing in mind it's Ireland? I worked without breaks, 6 days a week, Sundays very often, mostly alone, sometimes with a part-time guy. No toilet door, no table to sit at and have lunch. Was told to f-off and never come back so my microwave and mug etc stayed there. Got no notice either. The guy didn't register me with the revenue but admitted in writing I worked there that year.
The whole experience left me seeking counselling (I never believed it could help but it does), fearing for my safety (silent phonecalls in the middle of the night and his proudly pronounced sympathy for violence being huge factors there).
I'm almost done with the counselling I hope, won't know till the hearing as I'm unsure how I'll react (it's stronger than me, when his wife phoned me to talk I remained calm but afterwards was shaking for hours despite knowing it was just a chat).
How the hell am I supposed to know the amount I should be seeking? I never expected anything financial from him since the job ended so it confuses me.
Please give me some pointers, either via here or email - in profile. Thanks!


 
Posted : 31/03/2011 9:18 pm
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I have no experience or advice to give as I've never been there but please have all my best wishes for tomorrow!!!!

Rachel


 
Posted : 31/03/2011 9:24 pm
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Hi

tribunals will basically compensate you for losses.

Mrs Tj used to do this stuff. First step go online and find redundancy payment calculator - so thats the amount you would have got if made redundant.

Add to that your losses - which are the wages from sacking until tribunal that you would have got minus the benefits you have had plus any expenses you have incurred.

Then for future earnings you need to make a case. How difficult will it to get anew job? try for a years wages, settle for 3 months. You have to argue that this is reasonable

If the threats and stuff have made it harder to get a job due to your mental state this gives you ammunition to argue for a longer time to get a new job thus more money.

Be calm and methodical, lay out how much you would have got in each category. Have facts a figures to hand

Hope that helps


 
Posted : 31/03/2011 9:29 pm
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ask your legal advisers if you have them if not get some as they should be able to advise what they thinl you might get.
Stay strong all the best


 
Posted : 31/03/2011 9:31 pm
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VERY good advice from TJ.


 
Posted : 31/03/2011 9:32 pm
 br
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Ireland, the British bit or the foreign country?


 
Posted : 31/03/2011 9:34 pm
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I remember your first posts about this. I can't offer advice, but good luck and I hope you get a result.


 
Posted : 31/03/2011 9:37 pm
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@TJ, thanks, will go with it.
@don simon, [url= http://www.singletrackworld.com/forum/topic/would-you-walk-job-dilemma ]here[/url] and [url= http://www.singletrackworld.com/forum/topic/is-it-bullying ]here[/url].


 
Posted : 31/03/2011 9:41 pm
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good luck mate, not a clue who you are in real life but i am 100% sure you deserve to be safe and happy, screw the ****er for as much as you can and then go do him over


 
Posted : 31/03/2011 9:46 pm
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@cruzheckler, thanks.
@Rachel, thanks too.
@Junkyard, will do my best, it ain't easy though.
@br, the Republic (strange but cute a place that is and isn't in the UK at the same time, if you ever come over you'll see what I mean).
@philconsequence, agree with you on that.
It's coming up to some crazy (for me) figures, TJ. I can always try, can't I?


 
Posted : 31/03/2011 9:59 pm
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Can you send someone else to do it for you, if it is honestly that personal and stressful i would personally (and have previously) sent someone else to speak for me as to them it's just a transaction, to you it's personal.
The other party as well is then on the back foot as they would I expect be gaining the upperhand purely by being 'there' and the implication of threat.


 
Posted : 31/03/2011 10:03 pm
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you filed a claim but no lawyer?

am confused


 
Posted : 31/03/2011 10:03 pm
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You would be.

You cannot claim expenses in a tribunal so lawyers won't do them except CAB / law centre types.


 
Posted : 31/03/2011 10:20 pm
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IIRC you moved there from England for the job? That had costs involved which should be considered.

Hopefully the prize cock has been less cocky recently.


 
Posted : 31/03/2011 10:24 pm
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Can you take someone along?

A relative, friend or just someone level headed you know who can just sit on your side of the table. If it all gets a bit quick and confusing that someone could be a useful calming influence.

Good luck!


 
Posted : 31/03/2011 10:31 pm
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@bangin on, I'm going with my wife, we went through it together and she wants to be there for me. As much as she annoys me at times (and vice versa) she also makes me calmer.
@NZCol, I can't, need to be there personally. I'll pay for it in grey hair and bitten nails but MUST face the demons myself (beside, who else can explain what went on if needed?).
@iDave, I did and as a result have closed my business back home (ok, England has been my spiritual home since the mid-90's). He hasn't had the guts to contact me, his wife did though.


 
Posted : 31/03/2011 10:46 pm
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Not sure how tribunals work in Ireland but in England once the case goes ahead the tribunal will award compensation if you win the case, there is no haggling.

The haggling comes before the tribunal and it's between you and the employer. If you think you have a strong case haggle hard and follow TJ's advice.

It will be up to you whether you accept their offer, if you don't the case will go ahead and if you win your case the tribunal will make an award. Have a look here to see what you might get :

http://www.jobrights.co.uk/unfair-dismissal-calculator.htm


 
Posted : 31/03/2011 10:51 pm
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TandemJeremy - Member
You would be.

You cannot claim expenses in a tribunal so lawyers won't do them except CAB / law centre types.

change the record ๐Ÿ™„ plenty lawyers appear in ETs, my point was how/why did he file a claim without a thought for what he was claiming?


 
Posted : 31/03/2011 10:54 pm
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don't undersell your suffering and stress

don't leave him smiling thinking he can treat others like this in the future - from memory he has a history of it

show some slow burning righteous coherent anger

good luck


 
Posted : 31/03/2011 10:55 pm
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Good luck hairychested, sounds as though it's been a very unhappy time for you.


 
Posted : 31/03/2011 10:56 pm
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Al - as usual you are talking thru your hat about something you know half of naff all about ๐Ÿ™„

I am sitting here next to an expert at representing at tribunals. You cannot claim expenses so you cannot employ a lawyer. - or you can but their fees will usually exceed your award

Indeed most lawyers as you have proven don 't have a clue about them.


 
Posted : 31/03/2011 10:57 pm
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don't turn this into the usual asshat argument guys (TJ and Al)
.
good luck Hairychested - if I'd a known about this earlier I could have asked my Dad who sits at a lot of employment tribunals - I could ask him tomorrow but that might be too late...


 
Posted : 31/03/2011 11:04 pm
 Taff
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Not adding anything just wishing you the best of luck


 
Posted : 31/03/2011 11:06 pm
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@TJ, thanks again.
@cynic-al, lawyers in Eire would bankrupt me with their charges (I have spoken to a good one though).
@c_g, thank you too, the wheel of fortune will turn someday I hope ๐Ÿ™‚
@brakes, I only found out this morning (the postal service has been awful recently over here).
@Taff, much appreciated.
@iDave, thanks for support.


 
Posted : 31/03/2011 11:33 pm
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Good luck from here as well. In a very short time you'll be able to move on from all this to a better future. Financed in part by someone who treated you like shit. Hope it all works out well for you.


 
Posted : 31/03/2011 11:39 pm
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Good luck.

Be calm collected and methodical. Know what your loses are - could easily be several thousand pounds.

Teh tribunal members should be used to people in your situation and be helpful.


 
Posted : 31/03/2011 11:50 pm
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@RP, thanks, let's see what tomorrow brings.
@TJ, using your method it certainly seems that way. I hope they're as humane as possible, I'm beginning to feel scared. Not of them, it's having to face the ex-boss that petrifies me. At least I have lodged details of the threats with Garda (the Irish Police) as instructed by a friendly solicitor.
Time to get away from the laptop and go to bed. Thanks everyone!


 
Posted : 01/04/2011 12:00 am
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Suggest you write out a list of the key points you want to make to the tribunal, as by the sounds of things you are going to be so nervous you will forget important issues you experienced or points you want to raise. It will hopefully also help you to sound more controlled.

Good luck with the tribunal and for whatever you do after you put all this behind you!


 
Posted : 01/04/2011 12:44 am
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May another long haired gentleman extend his locks in support, HC?


 
Posted : 01/04/2011 1:15 am
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@Philby, an excellent idea, cheers!
@Trampus, support from the dieing breed is always welcome.
I'm a bit calmer on the outside, shaking inside. Party time!


 
Posted : 01/04/2011 6:26 am
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Good luck old son!


 
Posted : 01/04/2011 6:36 am
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All the best for today.


 
Posted : 01/04/2011 6:49 am
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good luck for today!


 
Posted : 01/04/2011 6:56 am
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Good luck fella, you are the wronged party in this and the system is there to help people like you - don't forget that!


 
Posted : 01/04/2011 7:09 am
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Good luck fella, hope you feel like you get justice regardless of any financial aspect.


 
Posted : 01/04/2011 7:11 am
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Good luck!


 
Posted : 01/04/2011 7:33 am
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All the best Hairy.


 
Posted : 01/04/2011 7:45 am
 Drac
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Best of luck.


 
Posted : 01/04/2011 7:49 am
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Wishing you success.


 
Posted : 01/04/2011 7:57 am
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Good luck, chin up and remember its looking after your wellbeing. Do the prep, believe in your case.. hope it goes well.

Dont let bullies win.


 
Posted : 01/04/2011 8:04 am
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Best of Luck today HC. Hope it works out well for you and you can close the door on this chapter and start moving on (with some wonga in yer backpocket).


 
Posted : 01/04/2011 8:06 am
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hairy chested good luck, TJ's advice on quantum is good.

however you've got it wrong otherwise TJ...some of my colleagues and good friends are employment lawyers, according to you that's impossible.

I don't know a lot about employment law for sure, but then would you expect an encologist to know about obstetrics?

Speaking ap a friend, you really ought to try and get over this...


 
Posted : 01/04/2011 9:10 am
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Al - why don't you actually bother to read what I wrote? ๐Ÿ™„ Thats not what I said

You are no friend of mine. I find your behaviour abhorrent
*back to ignoring*


 
Posted : 01/04/2011 9:21 am
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God, get a room you two or take it outside ๐Ÿ™„

Good luck hairy!


 
Posted : 01/04/2011 9:23 am
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Jeez, didn't realise that it had all gone so pear shaped HC.

There is a job in Revolve bike shop down in Goery if your still looking (in work and unable to scan through the relevent threads to get up to date, will scan tonight). Fella there is sound.

All the best for today, if you want a good natured spin on saturday there is a introduction ride around ballinstoe from 10am, with levels from savage to genteel (I'm leading the genteel newbies out) and your more than welcome, it's pretty easy to get to from the M50.


 
Posted : 01/04/2011 9:28 am
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