My 'Oh Crap!' Moment...

mooks

I've just been having a chat to a friend about my ET case, as I exchanged witness statements with the Respondent last Friday.

As we were chatting, she reminded me that when I was recruiting to a post, my manager had told me, about a member of staff who'd previously been seconded to my team that "there's no way [x] is getting this job".

In my ET case, I ended up being interviewed for a ringfenced post in which I wasn't successful, and this ultimately led to my redundancy. My boss and I didn't get along - at all - and I don't doubt that my boss took a similar approach here. To me, this incident shows past form and so feel it's important to cover it.

This incident isn't reflected in my witness statement though, so was wondering what I can do, if anything, to put this in my case. Is this something I can raise at the ET? I don't want to weaken my case by bringing up new points at the hearing that haven't previously been mentioned in any paperwork. I also don't want to be accused of changing my witness statement after seeing the Respondent's ones.

Thanks in advance for your help.

SarEl

Statements can be amended. But frankly this is pretty worthless (sorry about that) and not worth the effort. It is your unsubstantiated word against hers and is not evidence of past form - it's evidence of nothing I am afraid. So mention it or not the tribunal will not pay any heed to it - unless, and I consider rather unlikely - your manager steps up in that witness box and says that she said it and makes a practice of deciding before interview who will get the job. Concentrate on what you can evidence - that is what wins or looses a case.

dseventy

SarEl wrote: »

Statements can be amended. But frankly this is pretty worthless (sorry about that) and not worth the effort. It is your unsubstantiated word against hers and is not evidence of past form - it's evidence of nothing I am afraid. So mention it or not the tribunal will not pay any heed to it - unless, and I consider rather unlikely - your manager steps up in that witness box and says that she said it and makes a practice of deciding before interview who will get the job. Concentrate on what you can evidence - that is what wins or looses a case.

100% expert advice. I agree completely.

I would actually go further than SarEl and say it looks quite petty.

D70

ohreally

mooks wrote: »

I've just been having a chat to a friend about my ET case, as I exchanged witness statements with the Respondent last Friday.

As we were chatting, she reminded me that when I was recruiting to a post, my manager had told me, about a member of staff who'd previously been seconded to my team that "there's no way [x] is getting this job".

Was the friend witness to the managers statement?

mooks

ohreally wrote: »

Was the friend witness to the managers statement?

She was involved in the shortlisting for the job and was there when the statement was made, but as she's still employed by the Respondent, isn't willing to act as a witness. My case is strong enough without her, but obviously every little bit extra would help...

Appreciate the other points though - the last thing I want to do is to appear petty, and I do appreciate that as it can't be substantiated, either now or at the hearing, there's little point referring to it.