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emloyment tribunal

my oh is goin through tribunal with old employer everything is ready to go and at last minute they are wanting to bring forward new evidence is this allowed :cool:
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Comments

  • SarEl
    SarEl Posts: 5,683 Forumite
    It depends on the circumstances, but generally, yes they will allow it. Whether it is relevant or not is another matter.
  • traz39
    traz39 Posts: 146 Forumite
    thanks for ya reply its basically a lie because we proved him wrong on something else he is saying there was a signed slip of paper from husband sayin he had a contract and sayin it was there the day he dismissed him and he has never seen it since so saying my husband took it ,he has never had a contract solictor asked for copie number of times but still not produced it :mad:
  • viktory
    viktory Posts: 7,635 Forumite
    traz39 wrote: »
    thanks for ya reply its basically a lie because we proved him wrong on something else he is saying there was a signed slip of paper from husband sayin he had a contract and sayin it was there the day he dismissed him and he has never seen it since so saying my husband took it ,he has never had a contract solictor asked for copie number of times but still not produced it :mad:

    And again in English?
  • traz39
    traz39 Posts: 146 Forumite
    its a long story but his boss his telling alot of lies but none of which he cannot prove and still wont produce a signed contract because they never was one tribunal 1st july
  • traz39
    traz39 Posts: 146 Forumite
    he is at this late stage producing 2 new witness statements sayin on the morning of the dismissal there was a acknowledgement slip signed by my husband sayin he had a contract but his boss is saying he has never seen it since so in other words saying my husband took this slip.
  • boopopps
    boopopps Posts: 138 Forumite
    Part of the Furniture Combo Breaker
    Good luck with the tribunal, I will be going through one soon myself.

    My employers presented a false witness statement to me in my disciplinary as additional evidence and I am expecting them to do the same at the tribinal. Please let me know how it goes as I will be intrested to see how additional evidence is seen by the tribunal.

    By the way, are you representing yourselves?
    DEC WINS: Food Show tics, 5 books, cd, signed villa shirt, £25 Wilstshire farm voucher, private tuition, Glayva, Card making materials, Matter Box, John Frieda Hair Kit, Wolves Tickets

  • SarEl
    SarEl Posts: 5,683 Forumite
    With the best will in the world, people lie - both employers and employees. So it really isn't easy, without knowing what the case is, to say what relevance or value this has to the case. Although an employer should provide a written statement of the main particulars of employment (this is what you are calling the contract - it isn't in fact the contract in law but just a summary of it) it rarely has any relevance to a tribunal case anyway. So I am perplexed as to what value two or two hundred witnesses saying the slip was there has with any case. But in terms of your original question, it is still the case that tribunals tend to allow evidence to be presented late - on some occasions at the actual tribunal itself. Tribunals will neither take it that you you are telling the truth, nor that the employer is. They will test whether what each party says is evidenced, and how credible they find that evidence. So if these witnesses are admitted you have the right to ask why their evidence was late, and how the employer didn't know about it at an earlier stage if this was something that happened at the time of whatever the case is about - but the tribunal will make up it's own mind who it believes, or if not believes, who can present the most credible case.
  • viktory
    viktory Posts: 7,635 Forumite
    boopopps wrote: »
    Good luck with the tribunal, I will be going through one soon myself.

    My employers presented a false witness statement to me in my disciplinary as additional evidence and I am expecting them to do the same at the tribinal. Please let me know how it goes as I will be intrested to see how additional evidence is seen by the tribunal.

    By the way, are you representing yourselves?

    Oooh, my husband;s employers have done that - and when he destroyed their evidence piece by piece at the disciplinary hearing (their times and dates etc were all wrong) they decided to re-interview the witnesses :rotfl::rotfl:I can't wait to see what new 'evidence' they have.
  • traz39
    traz39 Posts: 146 Forumite
    boopopps wrote: »
    Good luck with the tribunal, I will be going through one soon myself.

    My employers presented a false witness statement to me in my disciplinary as additional evidence and I am expecting them to do the same at the tribinal. Please let me know how it goes as I will be intrested to see how additional evidence is seen by the tribunal.

    By the way, are you representing yourselves?
    no we have a solicitor
  • Mudd14
    Mudd14 Posts: 856 Forumite
    Just out of interest is it a no win no fee solicitor?
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