Employment Tribunal Help

Nednats

Please be kind as I'm starting to worry.
I have a hearing soon.
All the advice I can find on here and the rest of net seems different from my case.
There are case management order. We are supposed to exchange documents and the respondent is supposed to compile a bundle.
But respondent hasn't complied with any of the orders. I contact the ET office about this a few times but never received a response.
The advisor in the CAB told me I should just take the documents I wish to refer to with me. But someone else told me I should compile my own bundle.
Not sure what to do. Any Suggestions? What will happen on the day?

Hiccups_2

Nednats wrote: »

There are case management order. We are supposed to exchange documents and the respondent is supposed to compile a bundle.
But respondent hasn't complied with any of the orders. I contact the ET office about this a few times but never received a response.
The advisor in the CAB told me I should just take the documents I wish to refer to with me. But someone else told me I should compile my own bundle.
Not sure what to do. Any Suggestions? What will happen on the day?

1) Exchange documents - Did you send them your documents?

One side not complying with an order is a black mark against them, even if they did not send their documents, you should have sent yours. If you've done this then good, if you haven't then you must do it.

2) Have they sent you their documents? Or are both the documents and the bundle still missing?

If they still haven't sent you their documents then you really need to see these because you can't just turn up at the hearing without knowing what evidence they have conjured up.

If this is the case then I would request for an order to be made for disclosure of all their evidence before the hearing.

When you contact the tribunal, it's no good just speaking to the clerks because they don't make the decisions. You should write to the tribunal and ask for your letter to be put before a Judge. Your letter should explain exactly what has happened, giving dates of when a particular instruction should have been complied with and that it was not etc. This will be your application for an order and you should state what you would like to happen, e.g. for the Respondent to provide a completed bundle.

3) If it's just the bundle that's missing - Then it may be less hassle if you prepare your own bundles. The CAB advisor is wrong, you can't just turn up to a hearing with one set of documents that you want to refer to. You will need to prepare 5 copies of your own bundle (one for you, one for the other side and three for members of the tribunal panel). Include page numbers on all the sheets (can be handwritten).

4) Finally, stop worrying. You are a litigant in person and the tribunal will cut you some slack for not knowing exactly how things work. Just get yourself prepared for presenting your case to them.

Nednats

Thank for your response.

I have received nothing from the respondent. They already have all the documents I wish to refer to anyway and haven't requested anything from me. None of case management order have been complied with by the respondent.

My letters has been read by a judge but they didn't acknowledge the case management orders have not been compiled with in their response. It's to late to write another letter.

I don't know if there is a bundle or not. They might be one on the day there may not be. If I compile the whole bundle and I only need to add document to it won't I look silly? will it go against me.
It was the respondents jobs to make the bundle not mine.

Do I take 5 copies of every document or do I make 5 bundles?
Does it matter?

Also there are separate case management orders for witness statements. Which tells me to bring 4 copies.

Advice on preparing a bundle says to include the witness statement in the bundle. But won't this confuse things if I include the witness statement and then I'm only need to add to their bundle?

Shall I just take 5 copies of everything or would it be better to make some bundles?

Hiccups_2

Nednats wrote: »

Thank for your response.

I have received nothing from the respondent. They already have all the documents I wish to refer to anyway and haven't requested anything from me. None of case management order have been complied with by the respondent.

My letters has been read by a judge but they didn't acknowledge the case management orders have not been compiled with in their response. It's to late to write another letter.

What did the response actually say? Is the other side legally represented?

I don't know if there is a bundle or not. They might be one on the day there may not be.

The way I would choose to look at it is like this: 1) You can either take control of the things that you are able to take control of ...or 2) You can endure many sleepless nights right up to the day of the tribunal wondering about these unknowns and never being quite sure what is going to happen on the day

If I compile the whole bundle and I only need to add document to it won't I look silly? will it go against me.

It won't look silly and certainly won't go against you.

To cover yourself, if you're worried, write to the Respondent (and copy the tribunal in) and say something along the lines of...

As per the Case Management Order dated (date), on (date) I sent you my documents for inclusion in the bundle, unfortunately I have not yet received any documents from you. On (date) you were to provide me with a completed bundle, but this is also outstanding and to date you have provided no indication as to when / if you will be preparing the bundle for the hearing.

In light of the delays and the possibility of no bundle being available for the hearing, I wish to inform you that I will be bringing my own bundles to the hearing.

Obviously, this needs to be polished, make it sound polite and also make sure everything you say is true.

It was the respondents jobs to make the bundle not mine.

Think of it this way, you will know your bundle inside out, you will have the reassurance that your evidence is definitely in the bundle.

Sometimes, bundles do turn up very late in the day, just due to lack of preparation. It can also be a tactic, for example, if there is a damning piece of evidence that the other side would rather leave out, they could leave this until the last minute in the hope that you won't have time to notice that your evidence isn't in there.

Do I take 5 copies of every document or do I make 5 bundles?
Does it matter?

How much photocopying is involved? This really is a matter for you to decide and what resources you will have available to you for photocopying etc.

I would suggest that you make a bundle of all the documents that you want to rely on, including an index page (each document referenced by page number). This way YOU can turn up to the hearing and look like you've taken the initiative to prepare everything. I think it makes a good first impression.

If you turn up with a bunch of documents that need to be inserted in the Respondent's bundle during the hearing, then IMO you risk looking like the unprepared party (even though it's all their fault).

You can explain to the tribunal that you had to take the step of preparing the bundles, as the Respondent had not complied with the order and gave you no indication that they planned to do so.

Also there are separate case management orders for witness statements. Which tells me to bring 4 copies.

Advice on preparing a bundle says to include the witness statement in the bundle. But won't this confuse things if I include the witness statement and then I'm only need to add to their bundle?

My advice would be to keep the witness statements separate from the bundle, it makes it easier to refer to bundle and witness statement without having to flick back and forth

Shall I just take 5 copies of everything or would it be better to make some bundles?

As stated previously, if I was in your position, I would prepare my own bundle and take 5 copies of your bundle to the hearing. This can be handed out to all parties without delay - then you're ready to go. The tribunal will not criticise you for being prepared.

I don't think it's unusual for more than one bundle to be used in a hearing. Often when parties can't agree about what is going in the bundle, this is what ends up happening anyway.

If you're really still paranoid about this, take some tippex with you (to tippex out page numbers) or 5 additional clean copies of your documents. That way you can offer a choice of using your separate bundle or inserting documents into theirs at the start of the hearing.


IMO, you really have nothing to worry about. If the other side is legally represented then the tribunal have to ensure that you are on an equal footing and should help you out where they can.

Good luck!

Nednats

Thank you so much for you help.
I'm worried there won't be a bundle at all.
The other side isn't legal represented.
I've made 5 copies of everything now (while waiting for your reply).
I think I will make a bundle.
Just can't decide if i should include the witness statements in the bundle or not. Is there any benefit of having them in the bundle? or does it not really make a difference?
What happens at the start of a hearing? when do they ask for documents and statements etc?

Hiccups_2

Sorry, just came back to correct something that slipped my mind earlier...

You will need 6 copies not 5. This is because there also needs to be a bundle for the witness stand.

So, it's one for you, one for the Respondent, three for the tribunal panel and one for the witness stand.

Nednats

Cheers I'll make another copy of everything : )
Still not sure about including the statements? I can't decide what is best. Do you have any opinions for or against?
What happens at the start of a hearing?

Hiccups_2

Nednats wrote: »

Thank you so much for you help.

No problem

I'm worried there won't be a bundle at all.
The other side isn't legal represented.

The fact that they are not legally represented might explain why the Judge hasn't taken such a hard line for their lack of getting things done and not complying with the order.

IMO, this is all the more reason for you to get in there, be proactive and get a bundle sorted out. End result is that YOU look efficient and you may even earn some brownie points. It makes a better impression than someone who goes in bickering about who should have done what. Also, perhaps hold fire on writing to inform them (and the tribunal) about what you are planning to do. Since they are not legally represented they will have more leeway than say a solicitor who would know about their duty to disclose documents.

So my suggestion is to not create a fuss and just get it all done, so that you have the upper hand when it matters

I've made 5 copies of everything now (while waiting for your reply).

Change that to 6

I think I will make a bundle.
Just can't decide if i should include the witness statements in the bundle or not. Is there any benefit of having them in the bundle? or does it not really make a difference?

I would keep the witness statements separate, as it makes it easier to refer to evidence whilst reading through the witness statement. I can't think of any benefit of having them in the bundle.

What happens at the start of a hearing? when do they ask for documents and statements etc?

The Judge will guide you through the procedure. It's quite informal, so there's absolutely nothing to worry about.

By the sound of things you're more organised and on top of things than they are, so stop worrying.

It may be helpful, to ease your nerves, for you to check with your tribunal office to see if there are any suitable cases that you can sit in and observe?

queserasera_2

Sometimes, bundles do turn up very late in the day, just due to lack of preparation. It can also be a tactic, for example, if there is a damning piece of evidence that the other side would rather leave out, they could leave this until the last minute in the hope that you won't have time to notice that your evidence isn't in there.

Hi,
I am in the position where the respondent is witholding incriminating parts of an internal investigation that was carried out following my resignation on the grounds of constructive dismissal. I have pointed out that the index shows these pages and describes them, as does a further page in the report. But they have responded saying the pages do not exist! They are right in the middle of the file and could not be lost, and as reference confirm they definitely do exist.
I am acting for myself in the claim and I have already threatened I would put this to the ET Judge as they have not complied with CMO (obviously as they fear these pages will have an adverse effect on their defence) The reasons I have cited above clearly confirm this has been done purposefully, so what I need to know is what kind of ruling can I request the ET judge to make on the back of this?
Thanks