Lessons learned from an unsuccessful case

We like to make sure that litigants-in-person have the best information possible when taking their employers to Tribunal. In the past, we’ve focused on success stories, but learning from other’s mistakes can be so useful. Huge thanks to our special guest who dropped into November’s support group call to impart some much-needed wisdom. Here are the top lessons learned from their unsuccessful case.

Make sure to submit your ET1 on-time

While it’s possible to still submit your ET1 claim form, even if it’s out of time, getting your ET1 in on time saves you so much headache! It’s hard enough to run your case by yourself, without having to argue to a Tribunal why your case even deserves to go forward. If you need help, we have lots of resources to help you submit your claim.

Make sure your ET1 is airtight

Our guest assumed that the ET1 was just another administrative form. But it’s the most important document when you’re at the beginning stages. It explains to the Judge the legal basis of your claim and can show that you’re taking the process seriously. Our guest’s ET1 was not the greatest, and it made it harder for the Judge to take their claim seriously.

Being right isn’t enough

While it’s important to know that standing up for your rights is your right, sometimes it’s not enough. Our guest suggests you think of your case as a triangle.

A triangle with three points: evidence, emotion and admin.

Most claimants typically have emotion and evidence but are lacking in the administration. With confusing legal terms, pending deadlines, and scary letters from your employer’s solicitors, it can be hard to deal with everything. Especially when you’re alone. But use it to your advantage. We often say that this process is an emotional rollercoaster Let your hurt and anger drive you to complete the administrative parts. You’ll come out much better for it.

Learn the process

You’re not a lawyer. To a certain extent, your Tribunal Judge knows you’re not a lawyer. But that doesn’t mean you can’t learn the law. There’s a multitude of information available that could help your case. Our guest suggests learning one new thing every day. Not only are you helping your case, but you’ll be much more confident in the courtroom. A document that they found helpful was the Equal Treatment Benchmark Book - it really helped with their disability impact statement!

Don’t leave things to the last minute

The entire process can be so overwhelming. You may be forced to constantly relieve the worst moments of your life and it can be easy to ignore your case. But if you’re not proactive, your case can be easier to strike out. Remember that your employer is going about business-as-usual because they have a solicitor. You are your own solicitor, so it’s on you to ensure your case is going at the pace you need and want.

Thanks again to our special guests for joining us! Our free support group runs monthly, but if you need help, we have legal coaches waiting to support you.