Advice about dismissal - please

Emmzi

my money is on them trying to determine if you have enough of a case for them to settle out of tribunal and save you all the pain.

jobbingmusician

I wouldn't rely on these employers to try to save Amber's OH any pain! And they should know what they have done, really....... My instinct is not to reveal your hand until as late as possible (although telling them that you have a statement that an (ex?) employee was asked to change his evidence, and asking for the original, is still an attractive proposition!)

Floss

jobbingmusician wrote: »

What has your tribunal said about this? I don't remember exchanging bundles well before the hearing date.....
..... usually started talking about the bundle about a week before the hearing.

We've just started the process of exchange & orders to release documents - date is some months off yet....

The dates by which lists & bundles had to be exchanged were set by the judge at a case management discussion a couple of months ago - not a pre-hearing.

kristenb

I cannot believe how brave u and your hubby are, I really hope everything goes well for you and you get the outcome you sincerely deserve, a lot of people wouldve give up, you give hope to a lot of people in a similar position, have read the threads from the start and will be checking on your outcome, good luck for the future and hope it all works out for you both!! K

Amber07

I have just been re reading the letter we recieved, it says to send:

'Copies of all documents you intend to place before the tribunal and upon which you will rely in the presentation of your case'


^^Being completely new to all of this I assumed that was the contents of the bundle that they wanted.

Can someone confirm this then, or have I been jumping the gun? Maybe thats not what they have asked for.

Even if it isn't, at least our bundle is prepared, so its not been a wasted weekend

Amber07

The ET booklet states:

You may have been ordered by the tribunal to disclose your documents to the other side. But even if you have not you must make sure that the other side has reasonable notice (at least 7 days) of any documents which you plan to use at the hearing to support your case.

jobbingmusician

Amber07 wrote: »

I have just been re reading the letter we recieved, it says to send:

'Copies of all documents you intend to place before the tribunal and upon which you will rely in the presentation of your case'


^^Being completely new to all of this I assumed that was the contents of the bundle that they wanted.

Can someone confirm this then, or have I been jumping the gun? Maybe thats not what they have asked for.

Even if it isn't, at least our bundle is prepared, so its not been a wasted weekend

Yes, they want your bundle. :beer:

My dreadful memory was right about the week, then. Make sure the employers get your bundle a week before the hearing, and make sure the Tribunal know about it (you can tell them verbally on the day) if you don't receive theirs on time! If the employers are local I would suggest you deliver by hand exactly 7 days before, and get a receipt!

Amber07

Sorted - I am not sending the bundle tomorrow Let 'em stew

I shall phone the ET and get confirmation that a week is reasonable (then it will be noted we have checked with them), then send a letter to the company saying it will be delivered on XX date.

Said letter shall also ask for a copy of the company's bullying and harassment policy and also for copies of the original statements written by the employees.

Then I shall hope the original statements aren't as bad as the remodelled ones (lol)




I honestly don't know what I would have done without the people helping me on this thread - we would never have made it this far, that's for sure! :beer:

jazzyman01

I have been following your thread on what compensation you should go for and have now read through this one.

You have done a lot of work in preparing for this so please be careful now.

As mentioned in your other thread, I have experience in English ET's. I cannot see that it would be significantly different. Given that the Company has been quite threatening and, from your viewpoint, have lied continually, you do not want to give them your docs without you seeing theirs.

If necessary, contact the Tribunal to get confirmation but in England it usually works as follows:

1 Date set for Tribunal.
2 Instructions on date for exchange of documents. (This means that they give you a list of documents with dates that they wish to use at ET and you give them a list of documents with dates on what you will rely on. This does not include the witness statements which will be read out in court.)
3 You will review the lists and each side will, if necessary, ask for copies of documents that are missing. (You then agree a date and time for these to be faxed/scanned to each other so that neither party can "amend" docs).
4 You will then agree a bundle based on these documents.
5 At a date after the bundle has been agreed there is another date set aside for the exchange of witness statements. (These are statements from the individuals who will be attending the ET and usually read from these statements).
6 Sometimes there is a further date for exchange of any revised statement which would include any rebutals of the other sides claim.

You indicated that you had not received anything like this, although you have been given a date for Tribunal.

Contact your Tribunal and ask if any such document has been sent - just in case it has been lost in the post. The admin in ET are usually very helpful.

All the best

Amber07

^^Thank you for the above info.

OH is going to phone the ET tomorrow(hopefully) and find out if any info has been sent regarding exchanging docs.

I have just sent a letter asking for bullying/harassment proc and proof of earnings which they requested.

Am going to write on Monday and ask for the original statements to be sent as we have been informed that 3 of the employees wrote down their own statements, which were then written up by the investigator. (Doesn't help that he was a police officer, they read just like a court statement!)

Also, just had a letter today from their solicitor - they only started him on the case yesterday. The Sol has copied a letter to us requesting that the ET allow two days for this instead of the one day that the respondents initially suggested. (I was honest on our return and stated I had no idea how long these things take lol) They plan to cross examine OH for 2 hours....good luck to them.