ET1 accepted. Why is my preliminary hearing in October? What does this mean?

shellbell20

Hi Guys,
  I am still in the USA due back to the UK around 23 of August.  Today I apparently received a letter to say the ET1 that I submitted in June has been accepted. It came via letter to my home address in the UK, so I can't read it.

My son said that there is a hearing in Sept and a preliminary hearing in Oct. It doesn't make any sense to me, surely a hearing is after a preliminary hearing. I haven't received any word about the ET3 either.

Any one any ideas what this could mean?  I would be so grateful as I am clueless. I thought you submit an ET1 it gets rejected or accepted, then the respondent has 28 days to reply with their ET3.

Any input would be gratefully appreciated and received. 

Sandy_123

Hi @shellbell20 I'm replying to your post to bump it up as its not been answered. I personally don't have a clue either, but I'm sure others have. Hope you get some clarity soon. The only thing I have is a link that you might find useful below
https://www.gov.uk/government/collections/employment-tribunal-forms

shellbell20

Thanks, @Sandy_123, I appreciate it!  There have been more developments and there are so many questions I have in response to their ET3 and amendments.   It's really made me poorly already, two companies with two solicitors and my anxiety levels suffering from anxiety and depression are through the roof.  I really need to go back to the doctor as I am having panic attacks and not very well at all. I find myself with no job, no money and I have to find a new home too. All too much and quite honestly I have no idea where to start and who to contact.

janer1967

Hi there 

I presume you are back in UK now and have read the letter 

Is the pre hearing in oct this year then the hearing planned for Sept next year 

It may not come to that there could be a out of court settlement 

From your prev posts I would hope acas can offer some guidance around your questions or point you in the right direction  

I'm sorry you are feeling so unwell with all this going on and yes you need to consult your gp 

As for money do benefits calculator to see what you may be entitled to if you are not already claiming benefits 

As for home situation are you looking for social housing or private rent or hone owner 

shellbell20

@janer1967 I am back in England, I have been for 3 weeks or so.  The pre-hearing is in Oct, but the main hearing is not until  Sept 2023, which is two years away.  I doubt it will be an out of court settlement, as they are denying absolutely everything, saying they didn't even know I was ill and don't believe that I have a disability.  So they are trying to wipe the floor with me, to be honest. i wasn't aware ACAS can help with preliminary hearing questions. I thought for some reason ACAS just helped with enquiries before an ET1.
As for my housing situation, it would be renting for now, whether it is social or private.  I am not getting any benefits, I am claiming nothing.  I tend to procrastinate with everything when I have depression even contacting the doctors as I find it hard to reach out to anyone really.

Sandy_123

@shellbell20 if your not in employment then you will be able to claim benefits as said do a benefits checker. You will need to claim to be able to pay your rent for one.
I can understand you feeling  stressed out with it all.
https://england.shelter.org.uk/
Another link that might be of use.
Also do try and talk to your gp. 

shellbell20

Sandy_123 said:

@shellbell20 if your not in employment then you will be able to claim benefits as said do a benefits checker. You will need to claim to be able to pay your rent for one.
I can understand you feeling  stressed out with it all.
https://england.shelter.org.uk/
Another link that might be of use.
Also do try and talk to your gp. 

Thanks, Sandy_123, I need to contact the doctors tomorrow as I am getting what I can only describe as panic attacks. Just the thought of contacting the doctor fills me with dread, everything seems to fill me with dread and I know it's not rational, but I guess it's part of my illness. Thanks for the link, I will look into that once I have seen the doctor and asked for something to calm me down and then take it from there. x

janer1967

Just because they seem to be wiping the floor with you now dint get disheartened that is normal tactics to try and scare you into backing off 

It will be different when they are in front of the tribunal and also they won't want the reputation of being taken to tribunal unless they are absolutely sure they have a strong case 

Acas should be able to help at least it is worth a try 

shellbell20

janer1967 said:

Just because they seem to be wiping the floor with you now dint get disheartened that is normal tactics to try and scare you into backing off 

It will be different when they are in front of the tribunal and also they won't want the reputation of being taken to tribunal unless they are absolutely sure they have a strong case 

Acas should be able to help at least it is worth a try 

I find incredulous that they have willfully lied and in doing so left themselves wide open to sexual vans disability discrimination. It's quite bizarre and I can't help think I am missing something

shellbell20

I wish I felt that was the case, but it's two companies and one is saying they have nothing to do with it, as they weren't as they say, my direct employer, although if I was ill I had to phone them, if I wanted to go to the doctors I had to email them the appointment card, if I wanted to book time off for holidays I had to do it via their systems, they were the ones okaying my timesheets etc. 

They have not admitted one singular thing, they are denying they knew I had a disability, although there are email communications about it. They have also opened themselves up for sexual discrimination, validating what I said could be perceived as and knowing from my ET1 statement I have written evidence (emails and whatsapp chat) to prove these allegations.

That's why I find it quite incredulous that they can openly lie on their ET3 or for better wording, leave themselves wide open to clarify what I thought they had done.  I won't settle for the first offer, nor any subsequent one as all the money in the world right now couldn't right this wrong.

I have a feeling they are so **** sure of themselves they won't even offer one. I feel that because they both have solicitors can most definitely afford barristers then I have no chance of being a lay person.  I will be honest, I suffered badly at their hands and now I feel vilifiled too. It's like a slap in the face when I have been so poorly, but what I expected.

shellbell20

Very true thinking about it logically.  I guess I will see what happens after the preliminary hearing and go from there.  Thanks for your input and go from there.

shellbell20

Sorry it was meant to read thanks for your input I appreciate it!!! 

Hugo51

@shellbell20 good luck, following with interest as I’ve just put in an ET1 for disability discrimination and waiting to hear back ?

shellbell20

@Hugo51 My ET1 took a couple of months to process. Submitted on 18 June and mid August until I heard back. My preliminary is in Oct but the main hearing not until September 2023, which is 2 years away. Might just be where I am located though. Whatever I learn I will let you know. First thing I learned is that I think if it's discrimination or complex there will be a preliminary,99 percent of the time that is. Next thing I need to do is fill out an agenda I think for the preliminary, will have to Google it and see what it is and how to fill it in. 

shellbell20

bekindalways said:

@shellbell20 Good luck with your case poppet.  It's good to see you back on here and mores that you haven't given up!  Good for you and hope it doesn't go that far.

Hope the states was nice for you and that you had a peaceful r and r.

Xxxxx

Sorry I didn't see your message. Thanks. xxxx

[Deleted User]

Hi @shellbell20

Wishing you all the best for the preliminary.   Please do keep in touch, and let us know how it goes. 

shellbell20

Fred2021 said:

Hi @shellbell20

Wishing you all the best for the preliminary.   Please do keep in touch, and let us know how it goes. 

Thanks for the words of encouragement. I will!! 

 I filled in the agenda form but didn't have a clue what I was doing. I was clueless and so difficult to find any help out there. I have no idea what to expect at Preliminary either. 

All I know is that the two companies have three solicitors representing them which seems a tad excessive to me.  I also know that they blatantly lied on their ET3, denying I was ill and that they were unaware of it. They stated I failed accreditation which again was untrue.

They went on to say that one of the companies should not be held to account as I wasn't directly employed by them. The ones I wasn't directly employed by were the ones I had to phone when I was sick, show doctors appointments and book holidays through their system and the ones whose training and work time I had to adhere to, they are also the ones that gave the order to sack me. 

I'll be honest if I was them with my strong email and what's app chat evidence I wouldn't even be going to preliminary, but I think they haven't read my ET1 properly because if they had then they would see that each claim I've made bar one has evidence to back it up.

Hugo51

Hi @shellbell20 just wondering how it all went?

shellbell20

Hugo51 said:

Hi @shellbell20 just wondering how it all went?

It went, wasn't completely prepared for what happens. I will be next time, apparently, I have to prove my disability, I guess that's to add insult to injury. Don't have a problem with that, nor the fact they were totally aware of it and that my disability affects me on a daily basis.  I did get a call from ACAS about settling, but we shall see how that goes, I am not going to be playing games. I've been through over 6 months of hell and I've paid a price over and over again with my mental health it has had a severe detriment to me with absolutely everything, to be honest.

shellbell20

@Username_removed Seems you were correct about posturing.  I know you said you don't accept the first offer or such, but have you ever been in the position where they want to settle but they want you to name the amount?  If so is this "game-playing"?  Also if you do come up with a figure, do they tend to procrastinate before coming back to you with a counteroffer? Sorry in advance for so many questions.

Hugo51

shellbell20 said:

Hugo51 said:

Hi @shellbell20 just wondering how it all went?

It went, wasn't completely prepared for what happens. I will be next time, apparently, I have to prove my disability, I guess that's to add insult to injury. Don't have a problem with that, nor the fact they were totally aware of it and that my disability affects me on a daily basis.  I did get a call from ACAS about settling, but we shall see how that goes, I am not going to be playing games. I've been through over 6 months of hell and I've paid a price over and over again with my mental health it has had a severe detriment to me with absolutely everything, to be honest.

Wow they don’t make things easy!
I'm guessing it won’t be hard to prove your disability but that’s not the point, it’s the extra stress of it all which you certainly don’t need …. Sounds like they know you have a good case so hang in there, fingers crossed for a good result for you