Unfair Dismissal..Redundancy - Need Tribunal Help Please ...

Savannahh

Background ...

I used to work for a very small company comprising of just me and the 2 directors. One day I was called into a meeting room and told that I was being made redundant in a months time. This didn't come as a shock to me as the company had been battling. I was told that the directors would be doing my job. A couple of weeks before I was due to leave I was asked to train the directors brother. I was told that he would be helping the directors with my work. I objected to this and was placed on garden leave. The directors owned another company and for months I had smelt a rat but couldn't be 100% - I had seen faxes & e-mail which suggested that they were going to relocate the current company to merge with one of their other companies to save costs. I approached the directors and asked if I was going to made redundant and my job relocated but I was told no. Then a month later I was made redundant.

So after being placed on garden leave I wrote a letter to the company advising that I was still available for work and would be willing to work in another location (because I smelt a rat). Their response was that they didn't see the position changing. As I was still technically employed I logged onto my work e-mail from home and was horrified to see that my suspicions had been right and that the director’s brother had taken over my job where I had left off. He was using my e-mail to send & receive e-mails in my job capacity. A week later his e-mails confirmed that my job had re-located to the other company as I suspected. They had obviously planned this all along.

So I went to see a solicitor and submitted ET1 for unfair dismissal on grounds of: not a true redundancy situation as other people were going to perform my role after I left which meant role still existed; role relocated to another location whilst I was still employed & I was not given the option to re-locate; fair redundancy process was not followed (not consulted with; not asked if I wanted to be accompanied at meeting; not given right of appeal, my employment contract doesn't comply with section 1 of Employment Rights Act 1996 (as amended).

The Respondent's replied with a lot of lies. They have fabricated a letter they say they gave me warning me my job was at risk and inviting me to a redundancy meeting. They have made up the meeting notes and say that they had a consultation meeting with me but they didn't. They say the director’s brother was only helping for a short term & he has gone overseas now (obviously my e-mail password has now been changed!!). They say there was a genuine reason for redundancy which is financial which I don't dispute.

I wonder if anyone can help me with the Tribunal process. To keep costs to a min I have been doing the work before the actual hearing myself (will appoint a barrister for the hearing)...

After seeing the ET3 I wrote to the respondent asking them to disclose specific documents e.g. the computer history (computer statistics file) in respect of the redundancy letter they say they gave me but which has obviously been fabricated. As expected my request was ignored. I then wrote to the Tribunal requesting an Order for disclosure be made against the respondent. The Judge refused this saying it was premature. I think this was because we hadn't exchanged evidence. I exchanged lists of documents with the respondent and wrote to them saying that I needed copies of the actual evidence so I could prepare the joint bundle as ordered. I again asked them to disclose the documents I had previously requested.This letter was also ignored so I wrote to the Tribunal again requesting an Order for disclosure be made. I gave valid reasons for needing the documents.

I have now received a letter from the Tribunal who have set a new deadline to agree the joint bundle. Instead of an Order for disclosure the Judge has issued a directive to the respondent asking them to confirm whether the documents exist or not? I don’t understand why he has done this as I need the specific documents for my witness statement. I’m sure the respondent is going to at the last minute send out a letter to say they exist. Then what? By then the deadline would have passed for exchange of witness statements and the documents are crucial to me proving that the respondent is lying. I’m also worried that with the Xmas & New Year delay time will have run out before the hearing.

What can I do? It’s so frustrating I cannot get to speak the judge and the Tribunal call centre people are not much help.

bigsooze

I do feel for you - sounds like a really difficult situation and good on you for representing yourself.

You're doing the right things - be clear on what documents you want + need. Have you seen them before? If they respond and admit they exist, they will have to disclose them. If they don't exist then it undermines their argument. Have you asked them to disclose the emails + faxes which referred to the relocation? I'd also ask for proof of postage of the letters they're referring to that they sent you.

It will not look good if you haven't seen any of the letters, meeting minutes etc. and anyway that sounds a bit of a smokescreen to your actual point of it not being a true redundancy situation.

At the tribunal, you will get to explain yourself first, then they will have to and will be cross-examined by your barrister.

You can also make later amendments to the bundle as well; we've done this before as they go in as an appendix. The judge normally wants to know why they're late which again doesn't look great for your old work

Just stick at it and if you don't hear back from them, make that clear in your witness statement + communications with the tribunal.

Savannahh

Thanks big bigsooze for your helpful reply.

I have today received the letter from the Tribunal saying that the Judge has issued directives - what is the difference between directions and an order?

Thankfully he has directed that the Respondent disclosure what I have requested from them. I requested 14 documents but he has left one out. I assume he feels it's not relevant. I could send a letter back arguing that it is but I don't want to provoke him.

Yes I asked the Respondent to provide all correspondence relating to the relocation and this is one of the things that they've never admitted so should be interesting.

Another couple of questions if I may:

In his directives the judge has set a new date of 15th Dec to agree the bundle as the Respondent didn't know what a joint bundle is and have already prepared one to bring to the hearing as they say they can't 'trust me with confidential information' whatever that means. I wrote to the Respondent today asking them for copies of the evidence so I can prepare the draft joint bundle to agree - can they refuse to agree to do a joint bundle? If they refuse will they still have to let me see their bundle by 15th Dec?

Then there is the issue of the witness statement - as per the old order we are due to exchange by 13th Dec but on the basis that we are only agreeing the bundle on 15th Dec can I ask the Judge for an extension of this date? I understand that witness statements need to be exchanged 2 weeks after the bundle has been agreed? Is this right?

Thanks for your help.

jazzyman01

The bundle is a joint bundle agreeing to the documents to be referred to at Tribunal. The witness statements usually follow the agreed joint bundle but can be the following day in some instances.