My Employment Tribunal CLaim: A Question or Two

Suhari

I am making a start on transcribing some audio evidence onto paper.

I have recordings of 3 meetings, each lasting 30-45 minutes, and 1 phone call of about 10 minutes. So, lots of stuff, with a handful of snippets of evidence.

My question:

Do I need to transcribe ALL the content of the recordings, or can I simply do the sections with the relavent info in?

(I suspect I know the answer here......thought I'd check though).

Suhari

Well, received the ET3 (actually a few weeks ago, but have not been able to post).

Interesting stuff, in short:

· It clearly states the case for a redundancy to be made (I do not dispute cost savings were required)
· It mentions my refusal to take on the proposed new role, and states that because of this there was no option but to restructure in a different way
· It describes at high level the process used
· It states the score I received, when assessed against selection criteria along with the other team members (I was never informed of these before)

So, they are claiming that the process was procedurally correct; interestingly they make no mention of their failure to offer an appeal, or their inadequate consultation.

It also states that:

· If it is found that I was not dismissed by redundancy, then I would have been dismissed for some other substantial reason, in relation to my failure to carry out additional duties expected of me
· If it is found I was made redundant unfairly due to procedural grounds, I still would have been selected for redundancy and as such any losses should be limited to the time it would have taken to remedy any procedural failing

(I’m obviously paraphrasing in the above).

The ET3 does not contain anything that makes me think ‘oh no!’, or anything that causes me substantial worry. Interesting that the company has appointed a solicitor (I expected them to use their tame consultant, who has just completed a law degree).

On the new duties topic……I was already doing loads of other duties; my objection to the changes was the company requirement for me to have these ‘formally’ included in my role, but without a new contract. Plus the fact that I would be doing some duties that would then be replaced by a junior (i.e. entry level) new joiner ‘at some point in the future’.

I have also received a big pile of data from my SAR, which includes the detail on the selection criteria scoring. To say I disagree with the scores is an understatement! At best they need some serious explaining!.


I will post my thoughts on my next actions, and no doubt some specific questions later on.

Suhari

I am putting together my list of relevant documents for the tribunal.

I have now realised that there are documents missing from the SAR response, and I have identified further documents relevant to my claim. I have written to the Respondant askingg for copies.

Given that I am working to a deadline on submitting the document list, how do I address this?

Can I add further documents to my list once I receive them?

Guidance welcome here!

SarEl

You can be allowed to do so, but I wouldn't recommend depending on it. Tell the tribunal that some documents asked for (or now coming to oyur attention) cannot be included yet becasue you haven't got tem and ask their permission to add them at a later date. Just explain.

Suhari

SarEl wrote: »

You can be allowed to do so, but I wouldn't recommend depending on it. Tell the tribunal that some documents asked for (or now coming to oyur attention) cannot be included yet becasue you haven't got tem and ask their permission to add them at a later date. Just explain.

The Case Mment Order asks that each side send the other a list of the documents (doesn't specifically ask for one to be sent to the tribunal).

I have identified specific documents, which do exist, but are not in my posession yet (specific emails held by the company and my personnel file).

I have included these on the list of documents (NB - specific bits of my personnel file, not the whole thing), with a footnote stating that I am awaiting these from the Respondant.

Think that will be okay?

I will also cc the Tribunal in the correspondence.

SarEl

That will be fine. The tribunal will eventually need to be suppiled with copies of the bundles, but the employers solicitor generally does that on an agreed basis.

Suhari

Another area where I would welcome some input:

The Respondant has not yet provided a list of documents, despite being required to under the Case Mment Order. I submitted mine on time.

They have now requested copies of all the documents I will be relying on.

So:

• How do I progress with getting my hands on their List of Documents? My initial research tells me that the ET won't get involved with this (i.e. won't kick out the case because of this); is this correct?
• If I hold off sending in my documents until I recieve their list, will this be viewed poorly by the ET?

I don't really want to hand over my documents without having any site of theirs....

Advice welcome!

SarEl

Suhari wrote: »

Another area where I would welcome some input:

The Respondant has not yet provided a list of documents, despite being required to under the Case Mment Order. I submitted mine on time.

They have now requested copies of all the documents I will be relying on.

So:

• How do I progress with getting my hands on their List of Documents? My initial research tells me that the ET won't get involved with this (i.e. won't kick out the case because of this); is this correct?
• If I hold off sending in my documents until I recieve their list, will this be viewed poorly by the ET?

I don't really want to hand over my documents without having any site of theirs....

Advice welcome!

This isn't unusual. You need to report any failure to comply with an order in writing to the Tribunal Office. And no, they won't kick out the case because of it. But yes, they will get involved if an order they have made has not been complied with.

Which answers your second question - you comply with orders, whatever they do. The Tribunal takes a dim view of being ignored by anyone, and that includes you. It will take quite a bit more non-compliance to really annoy the Tribunal (which is a daft thing to do). Normally solcitors come up with some excuse or another and get let off - sometimes with a mild "slapping". But it happens so often (and to be fair - there are sometimes good reasons why it happens) that this is just parr for the course.

Suhari

Well, I am now less than 6 weeks from the hearing date, and I still have not got the list of documents from the Respondent. This despite written reminders.

Neither have they fully complied with my DPA request (pursuing via Info Commissionairre now).

I assume this is simply stalling tactics. My case is very strong, even without some documents I have requested.

Perhaps they think I will simply lose interest? Not a chance - really looking forward to the chance to get into the ET!

A question though: how should I go about producing the bundle if they continue to fail to communicate with me?

I have made calls to their solicitor, without reply.

SarEl

Refer it to the tribinals office. They will require copies of the agreed bundle too, and this is really a matter for them to resolve.