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Guide to What to Expect at an Employment Tribunal

The Tribunal System and its objectivesMost cases are heard at permanent Tribunal offices in the major cities and large towns although additional Hearing Centres are sometimes used, particularly in more remote areas of the country. Scotland and Northern Ireland have their own Tribunal Centres.

An Employment Tribunal operates like a court although it is not as formal. However, like a court it must act independently and cannot give legal advice. Witnesses give evidence, usually on oath, from a separate witness table and normally read their statements out loud. They are then questioned about their evidence or other issues in the case by the other party, the Employment Judge and members of the Tribunal Panel.

The Tribunal’s overriding objective is to deal with the case equitably and justly (from the point of view of both Claimant and Respondent). This includes doing what it can to ensure that all parties are placed on as equal a footing as possible, and dealing with your case as quickly as possible in a way which is proportionate to the complexity of the issues. This may, at times, cause it to appear to favour an un-represented Claimant (or Respondent), for example by asking more probing questions of the other side’s witnesses. Both parties are required to assist the Tribunal in achieving this overriding objective.

The Tribunal generally has three members although some simpler cases are sometimes heard by an Employment Judge sitting alone.

The Employment Judge is legally qualified and is appointed by the Lord Chancellor. The other two members of the panel are lay members and are appointed by the Secretary of State for Trade and Industry from persons with experience in dealing with work related problems.

Employment Tribunal Claims

With the number of Tribunal claims rising, the chances that you as an employer will need to defend a claim at some time increase each will I know a claim has been made against me? The person bringing the claim against you will complete a form ET1. They will send this to the Employment Tribunal who will then send a copy to you.

What should I do then?

There is a strict time limit in which you need to reply to a claim. Do not ignore the claim because you think that it is ridiculous or that the employee will lose interest and go away. A decision may be made against you without a hearing if you do not respond on time. In some cases, you may be prevented from taking part in the proceedings any further.

What is an ET3?

The ET3 is the form that must be completed and sent back to the Tribunal Office as your defence. It is essential that the proper and most up to date ET3 form is used. Keep your response short but it is important that the relevant facts are included. You might want to make a request for further information at this stage.

Be wary of hidden claims such as discrimination or equal pay issues that are not clear from the next? Keep a track of important dates. Documents will have to be disclosed before a certain date, witness statements will have to be exchanged and case management discussions will need to take place. Tribunals take a dim view of anyone who misses a can I do to prepare before a Tribunal? Start pulling together documents that prove your cases as soon as possible (If your evidence is not in the ‘Tribunal Bundle’ you will struggle to include in at the hearing).

If you are defending a Employment Tribunal Claim, you will be faced with many procedures and rules that can confuse and mystify � professional legal support from Bibby Consulting & Support will make the process much easier for above is intended to provide information of general interest about employment law but does not give legal advice.

Crime And Green Card Lottery

There are quite a few eligibility requirements one has to meet in order to participate in the DV lottery program. One is related to good moral character which means that the applicant should not have a criminal background. If one has committed any crime, the application will be disqualified. Having committed simple fraud crimes to big crimes as drug possession will eventually disqualify an applicant.

Other requirements :

Applicants should have completed high school or have two years work experience.

Most people are eligible to participate in the program. Held annually, this winners of this lottery program will be considered for an American Green Card. Only individuals from low visa requesting countries are eligible. Through this program, 55,000 green cards are newly created every year. Countries that send more number of their nationals to the US are not eligible. If you are from one of the countries that is not in the qualifying list, but you are the spouse of someone who is from an eligible country, you can apply through your spouse’ nationality of the eligible spouse.

With a green card, one can legally live and work in the US permanently. Green card holders also enjoy certain other privileges such as qualifying for health care, education, social security and other benefits. In addition to this, green card holders can also petition their relatives for green cards so that even they can come to the US.

Remember that the Department of State will only accept green card lottery applications submitted electronically at their official website during the registration period. In your application, you have to enter information about yourself, your spouse and all unmarried children below 21 years old.

The selection process is simple. All the applications received at the Kentucky Consular Center will be given separate numbers and a computer will randomly select from the available applications. All applications submitted stand an equal chance of winning as it is done this way. Once you are selected, the KCC will notify you with instructions for the visa application process. The KCC will send appointment letters to those selected four to six weeks before the interview with the US Consulate overseas. DV lottery winners have to pay all diversity and immigrant visa fees at the US embassy or Consulate during the time of the visa application.

All those who have applied will be able to check the status of their application to know if they have succeeded in the green card lottery program. Successful applicants can apply for adjustment of status for permanent residence.

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