Advice needed please - Interview with police on Tuesday

sexyeyes83

Just a little update, Ive sent a a letter to the police regarding getting my fingerprints and DNA removed from the system, just awaiting to hear back now.

On the tribunal front, we had until the 28th December to exchange documents. I sent mine off special delivery and they arrived on the 23rd December. So far ive received nothing from the other side.

This is the second deadline they have missed. They were a week late replying to the ET3, and now they have missed the deadline on the court order to exchange documents. Quite shocking considering this is a professional company employed to deal with tribunal matters.

I phoned the ET office today, but to be honest they wasnt a great help.They said I should just phone the other party and ask for the documents. Seems to defeat the object of having a deadline on a court order if they are not going to take any action.

Might write a letter off to the judge advising him about the deadline being missed. If a person acting alone can abide to deadlines, then a professional employment company shouldn't have any excuses.

In the meantime, Thank you to everyone thats been following and offering advice, and heres to a happy 2010!!!!

Anihilator

sexyeyes83 wrote: »

Just a little update, Ive sent a a letter to the police regarding getting my fingerprints and DNA removed from the system, just awaiting to hear back now.

On the tribunal front, we had until the 28th December to exchange documents. I sent mine off special delivery and they arrived on the 23rd December. So far ive received nothing from the other side.

This is the second deadline they have missed. They were a week late replying to the ET3, and now they have missed the deadline on the court order to exchange documents. Quite shocking considering this is a professional company employed to deal with tribunal matters.

I phoned the ET office today, but to be honest they wasnt a great help.They said I should just phone the other party and ask for the documents. Seems to defeat the object of having a deadline on a court order if they are not going to take any action.

Might write a letter off to the judge advising him about the deadline being missed. If a person acting alone can abide to deadlines, then a professional employment company shouldn't have any excuses.

In the meantime, Thank you to everyone thats been following and offering advice, and heres to a happy 2010!!!!

As you say they are a professional company. They will know exactly what they can and can't get away with.

They probably deliberately did it knowing fine they would get away with it.

robredz

Anihilator wrote: »

As you say they are a professional company. They will know exactly what they can and can't get away with.

They probably deliberately did it knowing fine they would get away with it.

You will have to keep on your toes, as they will most likely obfuscate documentation, delay, and generally mess the tribunal about, delay documents in an effort to run things out of time, or otherwise cause you to miss a deadline.

rupee99

sexyeyes83 wrote: »

Just a little update, Ive sent a a letter to the police regarding getting my fingerprints and DNA removed from the system, just awaiting to hear back now.

On the tribunal front, we had until the 28th December to exchange documents. I sent mine off special delivery and they arrived on the 23rd December. So far ive received nothing from the other side.

This is the second deadline they have missed. They were a week late replying to the ET3, and now they have missed the deadline on the court order to exchange documents. Quite shocking considering this is a professional company employed to deal with tribunal matters.

I phoned the ET office today, but to be honest they wasnt a great help.They said I should just phone the other party and ask for the documents. Seems to defeat the object of having a deadline on a court order if they are not going to take any action.

Might write a letter off to the judge advising him about the deadline being missed. If a person acting alone can abide to deadlines, then a professional employment company shouldn't have any excuses.

In the meantime, Thank you to everyone thats been following and offering advice, and heres to a happy 2010!!!!

I haven't read the thread but it would appear that there may be a few, minor, misunderstandings on the process.

If you are pursuing a matter in front of an Industrial Tribunal, it is not a court. The person in charge of the hearing is not a judge and although legally qualified has no powers to oblige the parties to do anything, e.g. failure to deliver documents in accordance with deadlines does not bring an automatic sanction or an order to deliver them. If, however, you believe they are abusing the process you can bring this formally to the attention of the tribunal. If these abuses are extreme you may get a early hearing at which point the other party will have to explain themselves, if they fail to respond, or respond properly, they may have the whole case found against them, i.e. a ruling in your favour. Both cases are unlikely, it is much more probable that any scheduled hearing will take place at which you can bring the other side's misconduct to the attention of the whole tribunal (the chairman, plus two others) who will weigh it with all the other factors.

sexyeyes83

Thanks for your replies.

Rupee99 - The letter I received states

"The Employment Judge ORDERS that -

Not later than 28 December 2009 BOTH PARTIES MUST PREPARE AND EXCHANGE copies of all documents which you have relating to matters in issue in these proceedings and which are to be relied upon at the hearing"

The capitals and bold are verbatim from the order. Its also signed by the employment judge.

At the bottom of the order it states -

"If this order is not complied with, The tribunal, under Rule 13(1), may (a) make an order for costs or preparation time against the defaulting party, or (b) strike out the whole or part of the claim, or, as the case may be, the response, and, where appropriate, direct that the respondent be debarred from responding to the claim altogether.

From reading this, they do have powers if parties do not stick to deadlines.

robredz

sexyeyes83 wrote: »

Thanks for your replies.

Rupee99 - The letter I received states

"The Employment Judge ORDERS that -

Not later than 28 December 2009 BOTH PARTIES MUST PREPARE AND EXCHANGE copies of all documents which you have relating to matters in issue in these proceedings and which are to be relied upon at the hearing"

The capitals and bold are verbatim from the order. Its also signed by the employment judge.

At the bottom of the order it states -

"If this order is not complied with, The tribunal, under Rule 13(1), may (a) make an order for costs or preparation time against the defaulting party, or (b) strike out the whole or part of the claim, or, as the case may be, the response, and, where appropriate, direct that the respondent be debarred from responding to the claim altogether.

From reading this, they do have powers if parties do not stick to deadlines.

Just make sure that YOU supply all your required documentation, then, and the employer could lose by default, by their dilly dallying, or end up with costs against them.
They will likely write a grovelling letter to the tribunal, asking for more time to prepare, and supply you with their side, and you to furnish them with yours,(if you haven't already done so)
How do I know this... I've been through the tribunal mill also, they settled out of court so to speak. (The 'lator might jump in here with a comment) A tribunal is not a court it is a quasi legal set up where the chair is someone legally qualified, but employers are often blase about it which they may learn to their cost. Look here:

http://www.mybusiness.co.uk/YSJJMrdoc2BfBw.html

where there is advice for business about dealing with tribunals. If your ex employer carries on in the way you describe, hopefully they will be stitching themselves up like a kipper.

rupee99

sexyeyes83 wrote: »

Thanks for your replies.
.............From reading this, they do have powers if parties do not stick to deadlines.

Yes they do have powers, but the point is they are not automatic, they must be enforced at a specially convened hearing, at which, I pointed out earlier, the whole case could be decided, but IMO it is unlikely to happen.

scot88

Just came across this thread today. took me over an hour to read it all. Sexy...you have handled this brilliantly. I sincerely hope they get what they deserve at the ET...and you get what you are due.

wuckfit

Anihilator wrote: »

As you say they are a professional company. They will know exactly what they can and can't get away with.

They probably deliberately did it knowing fine they would get away with it.

Given the treatment the OP has received, AND the fact that the OP is going to ET, they're almost certainly NOT professional. I suspect they simply don't have a clue. they may think they can get away with it, but they're now in default.

sexyeyes83

Happy belated new year everyone!

Just thought id give you an update and ask a question!

Finally got the documents through from the company acting on behalf of my former employer! The deadline was the 28th December and I received them today.

I had to send them a letter to remind them, Got a phonecall apologising - It had been passed to someone else to deal with and got lost in communication!

Anyway, they cam this morning and theres a few documents that are not related to the case. Actually, the one of the examples in what I mentioned in the very first post of this thread!

Around about one month ago the manager phoned me up and said that I had to work one evening and one day each week at the weekend along with my normal school hours. These would be set days which wouldnt be changed. I said that it wouldnt be possible to do this as my partner works shift work and I cant guarantee I would be able to work them. The manger wasnt too impressed and said they would tell head office that I was "refusing". I asked a few other carers in the same situation, however none of them had been asked to do the same!

Its a copy of the letter to head office saying im refusing to do the actual hours etc. They have also included screenshots from my facebook account taken on the 29/11/09 - 6 months after my dismissal showing comments such as -

"im sooo tied, bed shortly it think! before another 10 hour shift tomorrow, then gotta work saturday too. Roll on Sunday!"

"Just on a break at work. Here till 9pm tonight"

As this is totally unrelated to my claim for unfair dismissal, can they use such documents? If they can, I kept a diary of events back then, however is it too late for me to submit them? As none of this was related to my claim, I didnt put these documents in my bundle.

Another thing that really annoyed me, is a copy of notes from work where they spoke to the PC investigation.

"PC X searched the premises but did not find the bra, however he believes sexyeyes may have given it to someone" - I think its disgusting that he could make such a comment to my work.

Got a fun few days going over the documents with a fine tooth comb now!