Need advice on dealing with solicitor at Case Management Meeting

Nassy

Hi

I am due to attend a Case Management Discussion in a few days to discuss an unfair dismissal case where I believe the reason for my selection was on grounds of sex discrimination.

Things have gone ok so far with the tribunal but the issue is that I am having a lot of difficulty communicating with my former employer's advisor. I made it clear to them on several occasions in writing eg after submitting the claim and after sending them a sex discrimination questionnaire to let me know if they wanted more input from me. But I never heard a word! However a few days ahead of the CMD, after I sent them my preparations for the meeting and requested their input, the solicitir is saying that I have failed to explain clearly what unlawful acts my former employer is guilty of! I don't get this. It is clear we don't agree on many key facts. For example they have said I was selected because I was less capable (clearly an opinion not fact??), not doing the same role etc. I thought generally the whole point of a tribunual was to decide who is telling the truth and whether the truth was unlawful? Not only this but and the advisor says they want my answers in legal terms ie in terms of acts and ommissions, "statutory provenance" etc! Finally I find out they are only calling 3 witnesses - none of my former team members and only 1 of 3 line managers that were in charge when I was employed (and he was only in charge of me a very short time though did oversee the final redundancy process!)

Any advice? I have already decided to get some input from a solicitor to help with the preparation of the case. I know also that I must resist criticising the other side about their handling of the case as this won't look good in front of the tribunal. However I am wondering whether I should ask for a PreHearing review since if a judge admits the case (which I hope they would do given I have had some input already on its strength) then maybe the attitude from the other side will change slightly. :cool: Problem is, I do appreciate the solicitor is just doing their job and I am fine for them to be as defensive as they like but I feel I have bent over backwards to be civil to them and yet I feel they, considering they know I am unrepresented, are being a bit awkward in return..... :eek:

Thanks

lulu650

Out of interest, how were you selected for redundancy? Wasn't there some sort of points scoring eg. quality of work, adaptability, absenteeism, disciplinary record all of which can be taken from your personnel file. How would you actually prove sex discrimination for redundancy?

Nassy

No scoring matrix applied. Up that the point no formal work reviews either. I was put into a selection pool on the basis that I wasn't senior but after a lot of written feedback from the other side I am still clueless as to in what way the non selected members are senior. I asked to see contracts too but they refused. Their latest argument they are using to suggest I was junior was that there was an informal supervision arrangement in place when I was hired but this isn't exactly as I remember things! In fact the existing team was in disarray and it was me that was tasked with a project to consult on possible processes to put in place. They are brushing over this but I do have proof

What then happened was my job was lost after a selected member was taken out the pool because he threatened unfair dismissal.

Finally the reason I suspect sex discrimination is that leading up to my selection I had certain responsibilities stripped from me (defining systems and processes) and handed to the 2 male members that were protected from the selection pool. There is evidence that this coincided with considerations on who to make redundant. Since then they started making judgements on how I was less capable etc without ever making any attempt to review my work. Also a few days before my selection, I handed in a flex work request which was refused without much consideration...I got a short paragraph as a response. I showed this to a legal advisor who felt the letter and timing was suspicious. I had also admittedly been a bit naive earlier and had informal conversations on how I might have another child...

Sex discrimination is hard to prove a lot of the time but if my dismissal is first proved as unfair then the real reason for my selection would need to be established. My view is that the other side will need also to prove their case with evidence as currently they are just coming up with opinion.