employment tribunal help.

Jarndyce

dizzydotty wrote: »

As I am getting a little confused by all this.would any of you kind people be prepared to let me pm you the full email of tribunal orders so you can see it in its entirety and let me know your opinion ?

Yes by all means.

dizzydotty_2

Thank you but I was thinking I should maybe put it as a post and then everyone who has contributed to this thread can view it.

The claimant shall set out in writing what remedy the Tribunal is being asked to award. The claimant shall send a copy to the respondent. The claimant shall include any evidence and documentation supporting what is claimed and how it is calculated. The claimant shall also include information about what steps the claimant has taken to reduce any loss (including any earnings or benefits received from new employment).(6th july)

The claimant and the respondent shall send each other a list of any documents that they wish to refer to at the hearing or which are relevant to the case. They shall send each other a copy of any of these documents if requested to do so.(20th july)

The respondent shall then prepare sufficient copies of the documents for the hearing. The documents shall be fastened together in a file so as to open flat. The file of documents shall be indexed. The documents shall be in a logical order. All pages shall be numbered consecutively. The respondent shall provide the other parties with a copy of the file. Four copies of the file shall be provided to the Tribunal at the hearing (and not before).(3rd august)

The claimant and the respondent shall prepare full written statements of the evidence they and their witnesses intend to give at the hearing. No additional witness evidence may be allowed at the hearing without permission of the Tribunal. The written statements shall have numbered paragraphs. The claimant and the respondent shall send the written statements of their witnesses to each other. Four copies of each written statement shall be provided for use by the Tribunal at the hearing (and not before (17th august)

Where the claimant and the respondent are both professionally represented, the professional representatives shall prepare a draft statement of issues or questions that are to be decided by the Tribunal at the hearing. The draft statement of issues shall be subject to the Tribunal’s agreement at the commencement of the hearing.(21st spetember)

Jarndyce

So

• you need to agree the contents of the bundle by 20 July
• respondent prepares bundles and sends you a copy by 3 Aug
• you need to exchange witness statements by 17 Aug
• take everything to the hearing on 21 Sept

Seems fairly clear?

SarEl

The tribunal are also asking for the statement of loss - "the remedy". This should have already been sent in - has it been?

dizzydotty_2

On the face of it it does seem fairly clear,however I was unsure whether i needed to list the name of witnesses in the bundle or wait until the tribunal.

The other point is I all the evidence I plan on using is actually coming from the employer ,contracts ,time sheets ect,as I misread the e mail dates initially I have a letter to send today requesting all this information but I have also written a letter informing them that the information I am requesting is the information I will be referring to at the tribunal.

My husband says I am complicating matters by reading too much into therefore making it appear more complicated than it is actually is,I think he may be right

dizzydotty_2

SarEl wrote: »

The tribunal are also asking for the statement of loss - "the remedy". This should have already been sent in - has it been?

Yes this was sent signed for upon delivery within the correct timescale.

dizzydotty_2

To everyone who was kind enough to contribute,I just thought I would give you a quick update to explain how I have so been missing the obvious.

After re reading the tribunal email and having a look around a few site,I now realize that in this case my sons ex employer has to prepare the bundle for the tribunal opposed to them both doing a bundle as I originally thought.

The letter stating what evidence we would like to refer to (to be in bundle) and a letter requesting copies of these documents was sent signed for delivery today so should be delivered on monday.

The next hurdle I guess is to see if the respondents agree to put in the bundle what we asked them to ( contracts,time sheets ext)

All of it is relevant to this case but I am expecting them to refuse a few things just on the basis of making things awkward for us but we shall see,

As of yet we have had no letter from them telling us what they will be referring to and they only have until wednedsay (I guess they could be leaving it late like us)

I will keep you updated on further developments and once again thank you all for taking the time to reply ,It is much appreciated .

bobbybuttons

A friend is also in a simular situation to this, she has prepared her bundle and send to the respondant, but the respondant has sent back the completed bundle to agree on and what they have done is left out VITAL evidence, blanking out some parts saying it is not approproate and will not be included.(how can they do this)
Shes at her with end now as they have legal represantation and she is standing alone, she is unsure if she should prepare her own bundle the unedited version and take 6 copies. sadly it is not worth her paying for represantation as it would probably cost more than she would be awarded presuming she wins

jobbingmusician

What I would suggest, and I will back down totally if someone more experienced comes along, is that she should write to both the respondent and the tribunal saying that she does NOT agree the bundle as parts of her evidence has been deleted. Stress that this evidence is vital to her case. The respondent may then back down.

If they do not, I would suggest she then amends her statement to include the fact that parts of her original evidence were deleted in the 'agreed' bundle, and attach the deleted stuff (or rather the ORIGINAL statement, including the deleted stuff) to her statement and take 6 copies.

You might be better starting a separate thread about this, though?

Jarndyce

She should make her own copies of the disputed documents and take them with her to the hearing. The Judge will decide whether or not the evidence is admissable having heard each party's submissions on the matter.