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TOPIC: Dla tribunal lost but advice

Dla tribunal lost but advice 6 years 4 months ago #83569

I went to a tribunal today and lost but the thing that is confusing me is some precedual errors that the tribunal were made aware of

Now the EMP report had lots of contradictions but the thing that seemed most striking to me was that the report did not have any personal info name /ni number on any page and the date was a day out also all referencse to this report state the wrong date is this a point of law?

Many thanks

Sarah

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Last Edit: by Mrs Hurtyback.

Re:Dla tribunal lost but advice 6 years 4 months ago #83592

  • Gordon
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Sarah

To be honest you need to get advice on this. See

Where to get advice?

From your post, these matters were raised at the Tribunal, are you suggesting that the report was not about you? If so, did you raise this at the Tribunal?

Given that you should have had the report for several months prior to the hearing, if you did not object to its inclusion at the hearing, then it would have been reasonable for the panel to accept it.

What is an Error of Law?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Dla tribunal lost but advice 6 years 4 months ago #83594

Thank you I did make them aware of this sometime before the tribunal but it seems to have been missed?

I have asked for advice but she never mentioned i should complain about the faults before the tribunal just in my submission do i need a new advisor?

just one more question the tribunal stated i could ask for a supersession as John has got worse since june date of claim form
if i do this will the claim be taken from now or from sept the original date of claim/appeal/descision

Many thanks

Sarah

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Last Edit: by Mrs Hurtyback.

Re:Dla tribunal lost but advice 6 years 4 months ago #83597

Errors of law are very complicated, that is why we have suggested that you should take further expert advice regarding this.

As I understand it, a supersession is treated as a re-assessment and any decision will date from that was requested.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Dla tribunal lost but advice 6 years 4 months ago #83599

  • Gordon
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Sarah

If you are already receiving advice, then there is little we can add to what I have already stated.

AS you are requesting a new Decision be made, it is therefore completely seperate from your appeal, it will therefore take affect from when it is made.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Dla tribunal lost but advice 6 years 4 months ago #83607

thank you for your help I will let you know what happens

Why do they make this all so complicated :(

Sorry i know you can't give me any personnal advice but in your opinion if it was you would i be better filling in a new claim and saying goodbye to any back pay or fighting point of law or other advice given

Many thanks

Sarah

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Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke