REASONS AN EMPLOYMENT CLAIM FORM MAY BE REJECTED BY A TRIBUNAL AND POSSIBLE REMEDY.

Under the  The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the following rules apply (these have been simplied slightly)

A Claim for will be rejected if you do not include  minimum information and the tribunal will reject a claim if

(a)it is not made on a prescribed form; or

(b)it does not contain all of the following information—

(i)each claimant’s name;

(ii)each claimant’s address;

(iii)each respondent’s name;

(iv)each respondent’s address.

(2) The form willl be returned to the claimant with a notice of rejection explaining why it has been rejected. The notice shall contain information about how to apply for a reconsideration of the rejection.

The tribunal will reject a claim form if you forget the tribunal fee or your remission application

 (1) The Tribunal shall reject a claim if it is not accompanied by a Tribunal fee or a remission application.

(2) Where a claim is accompanied by a Tribunal fee but the amount paid is lower than the amount payable for the presentation of that claim, the Tribunal shall send the claimant a notice specifying a date for payment of the additional amount due and the claim, or part of it in respect of which the relevant Tribunal fee has not been paid, shall be rejected by the Tribunal if the amount due is not paid by the date specified.

(3) If a remission application is refused in part or in full, the Tribunal shall send the claimant a notice specifying a date for payment of the Tribunal fee and the claim shall be rejected by the Tribunal if the Tribunal fee is not paid by the date specified.

(4) If a claim, or part of it, is rejected, the form shall be returned to the claimant with a notice of rejection explaining why it has been rejected.

Your Claim for may be rejected if there a  substantive defects in this case :- 

12.—(1) The staff of the tribunal office shall refer a claim form to an Employment Judge if they consider that the claim, or part of it, may be—

(a)one which the Tribunal has no jurisdiction to consider; or

(b)in a form which cannot sensibly be responded to or is otherwise an abuse of the process.

(2) The claim, or part of it, may be  rejected by the Judge if if the Judge considers that the claim, or part of it, is of a kind described in sub-paragraphs (a) or (b) of paragraph (1).

(3) If the claim is rejected, the form will be returned to the claimant together with a notice of rejection giving the Judge’s reasons for rejecting the claim, or part of it. The notice shall contain information about how to apply for a reconsideration of the rejection.

Reconsideration of rejection

13.—(1) A claimant whose claim has been rejected (in whole or in part) under rule 10 or 12 may apply for a reconsideration on the basis that either—

(a)the decision to reject was wrong; or

(b)the notified defect can be rectified.

(2) The application shall be in writing and presented to the Tribunal within 14 days of the date that the notice of rejection was sent. It shall explain why the decision is said to have been wrong or rectify the defect and if the claimant wishes to request a hearing this shall be requested in the application.

(3) If the claimant does not request a hearing, or an Employment Judge decides, on considering the application, that the claim shall be accepted in full, the Judge shall determine the application without a hearing. Otherwise the application shall be considered at a hearing attended only by the claimant.

(4) If the Judge decides that the original rejection was correct but that the defect has been rectified, the claim shall be treated as presented on the date that the defect was rectified. 

NEW PROCEDURES FOR BRINGING EMPLOYMENT TRIBUNAL PROCEEDINGS

Under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Rule 8-(1) sets out the rules for starting a claim as follows:

Presenting the claim

8.—(1) A claim shall be started by presenting a completed claim form (using a prescribed form) in accordance with any practice direction made under regulation 11 which supplements this rule.

(2) A claim may be presented in England and Wales if—

(a)the respondent, or one of the respondents, resides or carries on business in England and Wales;

(b)one or more of the acts or omissions complained of took place in England and Wales;

(c)the claim relates to a contract under which the work is or has been performed partly in England and Wales; or

(d)the Tribunal has jurisdiction to determine the claim by virtue of a connection with Great Britain and the connection in question is at least partly a connection with England and Wales.

(3) A claim may be presented in Scotland if—

(a)the respondent, or one of the respondents, resides or carries on business in Scotland;

(b)one or more of the acts or omissions complained of took place in Scotland;

(c)the claim relates to a contract under which the work is or has been performed partly in Scotland; or

(d)the Tribunal has jurisdiction to determine the claim by virtue of a connection with Great Britain and the connection in question is at least partly a connection with Scotland.

Multiple claimants

9.  Two or more claimants may make their claims on the same claim form if their claims are based on the same set of facts. Where two or more claimants wrongly include claims on the same claim form, this shall be treated as an irregularity falling under rule 6

1. IS YOUR PERSONAL INJURY AWARD AT RISK IF YOU DIVORCE

   
   

   If you are a Litigant in Person dealing with a personal injury claim, you need to be aware of a recent ruling where the Courts awarded a wife a substantial proportion of a Claimant's personal injury award even though he was quite seriously disabled,
   For full details
   
   http://www.bailii.org/ew/cases/EWCA/Civ/2011/1056.html

1. ARE YOU IN TALKS WITH YOUR EMPLOYER ABOUT TERMINATING YOUR EMPLOYMENT, COULD IT TURN UGLY ? YOU NEED TO BE AWARE THAT :-
   
   The Enterprise and Regulatory Reform Act 2013 has legislated that conversations between employers and employees regarding an offer made prior to the termination of employment, with a view to terminating employment on agreed terms, may not be taken into account by an employment tribunal when determining an unfair dismissal claim!!!!!!!.

BEWARE THE COWS THEY CAN CAUSE PERSONAL INJURIES

Its summer, well it is supposed to be, and, if like me you are heading to the country either for a holiday or to see friends and are thinking of going on a country walk then you may want to take a little extra care.

I have always been a little nervous of large animals and though I have overcome my fear of horses, I still have a very healthy respect for anything with four legs which is considerably larger than I am. 

When I go and see my friends who live in the country I am almost always taken on a country walk and on the most recent occasion we encountered a herd of cows.  Now having read Animal Farm as a child I am well aware that cows are not stupid but they are big.  My wonderful friend and her dog Trotsky took command of the situation and shooed the cows away and we went safely on our way however others have not been so lucky as can be seen from this article  http://www.dailymail.co.uk/news/article-2324366/Man-66-trampled-death-brother-seriously-injured-herd-cows-walking-dogs.html.


While attacks by Cows are rare, the Health and Safety Executive reports  that over 481 people have been injured by cows in the past eight years.

I love the countryside and taking Trotsky my friends Kings Charles Spaniel for a walk is a joy, but. I am aware that there is an obligation on  every dog owner  to make sure their dog is not a danger or nuisance to farm animals, wildlife or other people. 

Farmers are entitled by law to destroy a dog that injures or worries their animals, therefore if you are taking your dog for a walk in the country for the most part you should keep your dogs on its lead at any time of the year when near farm animals but particularly during the lambing and calving season.

However, there are situation when it is not sensible to keep your dog on a lead

If you find yourself in a field of suddenly wary cattle, move away as carefully and quietly as possible, and if you feel threatened by cattle then let go of your dog’s lead and let it run free rather than try to protect it. Your dog can run faster than the cows and you

If you have wondered into a field of cattle on your own then you also need to  move away calmly, do not panic and make as little noise as possible and definitely no sudden noises. Once they realise that you don't pose a threat it is likely that the cows will just leave you alone and carrying on munching their grass
.
If you want to walk through a field of cows and there happen to be calves with the cows, think again if you can't go another way GO HOME.  Cows are protective of their calves and if they feel that they are threatened they can attack as can be seen from the case of Shirley McKaskie http://www.dailymail.co.uk/news/article-1197892/Woman-left-brain-damaged-following-attack-cows-wins-damages.html.

Bulls and Public Rights of Way

Farmers are aware that  it is an offence to allow a bull over 10 months old and on its own at large in a field crossed by a public right of way. It is also an offence to keep a bull of a recognised dairy breed (even if accompanied by cows/heifers) on land crossed by a public right of way.

There are exceptions to this rule and the exceptions are bulls that are not more than 10 months old, or bulls which are not of a recognised dairy breed (currently defined as Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) and are accompanied by cows and heifers.  I don't know about you but I have no idea how to assess the age of a bull or its breed so rather than attempt to work it out I would suggest that you just walk away.

The Health and Safety Executive recommends that signs should be displayed at each access point, informing walkers that a bull is in the field and the The Countryside Code states that:

• By law, you must control your dog so that it does not disturb or scare farm animals or wildlife. On most areas of open country and common land, known as 'access land' you must keep your dog on a short lead on most areas of open country and common land between 1 March and 31 July, and all year round near farm animals.
• You do not have to put your dog on a lead on public paths, as long as it is under close control. But as a general rule, keep your dog on a lead if you cannot rely on its obedience. By law, farmers are entitled to destroy a dog that injures or worries their animals.
• If a farm animal chases you and your dog, it is safer to let your dog off the lead – don’t risk getting hurt by trying to protect it.
• Take particular care that your dog doesn’t scare sheep and lambs or wander where it might disturb birds that nest on the ground and other wildlife – eggs and young will soon die without protection from their parents.
• Everyone knows how unpleasant dog mess is and it can cause infections – so always clean up after your dog and get rid of the mess responsibly. Also make sure your dog is wormed regularly to protect it, other animals and people.
• At certain times, dogs may not be allowed on some areas of access land or may need to be kept on a lead. Please follow any signs.

If despite all the above precautions you are unfortunately injured by cows then you may be able to bring a personal injury claim against the person who owns the cattle under the:-

(1) Animals Act 1971
(2) Occupiers Liability Act

You can further state that the owner of the cattle was negligence.

I hope you have a wonderful holiday and if it is in the country that you have a safe and peaceful experience but if unfortunately you do have a run in with a cow and need some help please don't hesitate to contact us on 0203 0053284


This article is for information purposes only 

Psychological Overlay, and Stress levels

Psychological Overlay,  Clients and Stress levels


Two and a half years ago a client contacted me, they were in quite a state, their body was rather twisted,  and they were obsessive about the party who they considered had caused their mental and physical state, and personal hygiene was very limited.  The client had sustained injuries in a road traffic accident which had initially meant she suffered with some orthopedic injuries but these had now turned into a serious case of Psychological Overlay.

My client had initially been informed by the party who had injured her that they would deal with any rehabilitation she needed, and she had been more than happy to engage with this process, sadly the defendants had been woefully lacking in fulfilling their promise leading to her feeling totally abandoned and neglected.   This feeling was compounded by the fact that though the Defendant's own consultant had stated that the client needed three months intensive rehabilitative physiotherapy rather than proceeding and giving her the treatment they had literally dumped him.

Upon returning to her GP her records had been lost. This ongoing delay made her psychological condition worse, the problem was she wouldn't accept. that she had a psychological condition.   The client had thereafter been refused assistance by 30  possible legal representatives and turned up with two days to go before limitation had expired on her claim.   She had about four bits of paper on her but I made the decision to take on the case, on the understanding that the client would issue their own claim form.  I explained what needed to be done and the client did not follow my instructions, in fact limitation expired and I had to almost scream at the client to make her go and issue the claim form.  She eventually managed it but we were now two days out of time.

I then asked for the normal forms of authority for release of her medical records etc and the battle commenced to obtain her documents prior to the period for service or proceedings expiring.  I had four months.   I kept the defendants informed and in the loop, but, could I get her medical notes it was an uphill battle and I didn't really get them until two weeks before they had to be served.   They were copious and I didn't truly have time to really thoroughly assess them prior to getting the Particulars of Claim and Schedule of Special Damages prepared, I did manage to assess that she had pre-existing problems but noted they were on the other side of her body to the one that was damaged. The Defendants were unimpressed that we were slightly late issuing proceedings but eventually decided not to take the point.

The client throughout the process was helpful but very difficult, manipulative and very very dramatic, often threatening to take drastic action against the Defendants.  At times she was impossible to reason with and  she was exhausting to deal with.   Despite this I managed to obtain very good lay witness evidence and more importantly good medical evidence supporting her claim though would you believe it, despite initially accepting the evidence I managed to obtain she decided at a later date that she didn't agree with it.    I felt a bit like Atlas with the world on my shoulders.

I obtained superb Counsel and between us all we built up a really solid case.   The client fought with us all the way, first accepting our advice and giving us sensible instructions and then withdrawing them a couple of days later.  To give you some idea of how difficult it was I sent a copy of the client's Statement to her 4 weeks in advance of it being signed but she still turned up at the office to sign the document and something that should have taken no more than 20 minutes took 7hours and 15 mins.

We were offered a substantial amount of money by the other side and initially rejected it. At the very last hurdle I found that the client had lied to me and badly and the impact of those lies was to almost decimate the case, the client would not accept, despite, written proof that they had lied and that they could lose everything, and after a very difficult 10 days when the client was insistent that the matter should proceed to Court they finally agreed and the case was settled for a substantial figure.

Would I take on another similar case.  I have always dealt with difficult clients but in 20 years I have never had such a manipulative, difficult, damaged client so I need a bit a break but I more than likely will because despite everything justice was done and my persistence has changed my client's life and that did make it worth it.

Deborah E Aloba

BACK TO BASICS - WHAT DO YOU NEED TO INCLUDE WHEN PREPARING A STATEMENT IF YOU HAVE BEEN INVOLVED IN A ROAD TRAFFIC ACCIDENT

·      Name, address, date of birth and occupation.

 
·      When and where was the accident etc.  Give details of time, date and exact location.

·      If you had any passengers what were their names, where were they sitting?

·     Give details of the third party involved including name, address, registration number, insurance details exchanged.

·    What was the purpose of you being at the specific place of the accident i.e. was it a regular journey, did you know the area well?

·      Give as detailed a description of the accident circumstances as possible.

·      What were the traffic conditions i.e. heavy slow moving traffic, free flowing traffic?

·      Was the road surface wet, dry?  Was it a sunny or dull day?  Was visibility poor?

·     Give details of any emergency services called to the scene, to include any police reference numbers exchanged.

·      Did you attend hospital?  If so give details.

 

·      Did you attend your GP?  If so when and give details.

·      Give names, addresses, phone numbers, registration numbers etc. of any witnesses to the accident.

·      How did you react immediately after the accident?

·      What were your injuries?  Were your passengers injured?

 

·      How did your injuries affect your daily/home life? 

·      Was the car in a drivable condition?  If not, what did you do?   

·      Did you hire a replacement vehicle? 

·      Have you fully recovered from your injuries, if not please explain what difficulties you are still having.


This article is for information purposes only