More FAQs answered from our support group
Over 100 people joined us in this month’s support group! We dedicated an entire hour to answering their burning questions. Here’s a small snippet of what we talked about.
What if the bundle that your employer submits is vastly different from what you have? I.e. your evidence has been removed, new witness statements have been added, indexes changed, etc.
If you’re able to agree to the bundle with your employer, that’s great! But there are many claimants who find this particular part of the process to be an uphill battle. You do have options!
You can always request clarification from your employer and the Tribunal if you notice any discrepancies or missing evidence. This can be done informally through an email or phone call, or more formally during case management discussions. If you believe that they’ve drastically altered things, you can raise an objection to the Tribunal.
If the above doesn’t work, you can submit your own bundle! This is called a supplementary bundle. While not common, it’s not unusual, if your employer is really playing hardball. This allows you to include any evidence or documents that were omitted or altered in the employer's bundle. However, it's ultimately at the Tribunal's discretion whether to consider a supplementary bundle.
My employer has made a lot of statements about me that are untrue that aren't necessarily relevant but are damaging to my character. Should I include evidence to the contrary for each point or is this irrelevant?
If it’s important to your case, you may wish to dispute their lies, but we’d almost always advise you to focus on your claim instead. An Employment Tribunal is not the appropriate place to defend your personal character - that’s usually a matter for the civil courts. We know it can be incredibly hurtful and mentally exhausting to hear personal insults, but unfortunately, this is a super common tactic that employers use to discourage you. Ultimately, you shouldn’t rely on your employer to tell the truth. If they did, you probably wouldn’t have needed to take them to the Tribunal!
My employer took months to respond to my grievance. Aware of timelines I didn't wait to appeal and went straight to ACAS and a lawyer. In the ET3, the employer has now asked that any award be reduced by up 25% because I didn't follow ACAS guidelines by appealing. Should I be worried?
Short answer: no. There are a lot of different factors that play into the Tribunal’s decision in using the ACAS Uplift, including the reason and the specifics of your case. In this particular situation, because your employer took a substantial amount of time to respond to your original grievance, it’s reasonable for you to have submitted a claim instead of appealing.
I’m just waiting to receive my certificate from ACAS after early conciliation failed. What happens if my employer is trying to appear supportive at the last minute before I quit?
Sometimes, your employer might act nice right before you quit. They might really be sorry for what happened or how they treated you. But usually, they're just trying to stop you from filing a claim. It's important to be careful and think about whether their actions actually fix the problems that made you want to quit. Always put your own well-being and goals first when deciding what to do about your job. Remember: the deadline to submit a claim can be quite strict, but you can withdraw your claim with little repercussions!
Want your questions answered? Be sure to join us at our monthly support group sessions. Sign up for our newsletter to get an invite.
