Employment Tribunal Help

Checkmate_2

Ddunn wrote: »

I was sacked due to not handing in sick notes on time and thus them logging me as AWOL, yet after doing a SAR I have proof they know I did, and they even logged me as AWOL the day before ( a Sunday) my first day of absence.

I plan on getting a solicitor via my house insurance once I get the outcome of my appeal meeting.

I found a useful video on youtube about preparing a schedule of loss which was helpful.

Thanks for your reply

What kind of proof is this?

zzzLazyDaisy

Checkmate wrote: »

What kind of proof is this?

I imagine it is the leavers form they sent to OP in response to the SAR which was dated prior to the hearing.

OP you need to give them a copy of that document and tell them you want it including in the final bundle. If there was a covering letter with the SAR docs and/or an index listing the enclosed documents, referring to the leaver form, enclose those documents as well, as it explains to the tribunal how you came to have a copy of the earlier leaver's from.

You may even find that this is sufficient to prompt settlement negotiations.

Ddunn

Checkmate wrote: »

What kind of proof is this?

The proof of them knowing I handed sick notes in on some of the days in question is there receipts from the HR/payroll of processing them.

Daisy, No index just came in a envelope with all documents.

zzzLazyDaisy

Ddunn wrote: »

The proof of them knowing I handed sick notes in on some of the days in question is there receipts from the HR/payroll of processing them.

Daisy, No index just came in a envelope with all documents.

So make sure the receipts are also in the bundle.

Basically you must have disclosed to the respondent any documents that you wish to refer to at the hearing, and ensure that they are included in the bundle.

What you can't do is to produce the documents on the day, like a rabbit out of a hat, and challenge the respondent on the inconsistencies, because you are at risk of the tribunal refusing to allow the documents (to be honest the tribunals are generally fairly lenient about this, especially where a claimant is not represented, but I have seen documents refused by a particularly challenging judge, and I would advise you not to take the risk)

Ddunn

Basically I have already roughly written out my plan of action for the ET so to speak and included everything and anything in the List of documents. The bundle isn't quite due yet so hasn't been done.

In regards to documents with it being a pretty much paper based argument rather than witnesses and such, I think (touch wood) I've listed them all. And they have basically just included all the information they have on me which most of which I'm using as well!

What happens in regards to case law and general laws I want to mention, would I need to include these or just in the witness statement or what

Many Thanks

zzzLazyDaisy

No you don't include case law etc in your witness statement.

The witness statement is literally what you want to tell the tribunal of the facts about what happened.

If you wish to refer to case law, you can make a short summary of the relevant cases that you wish the tribunal to consider, and hand a copies to the respondent's solicitor and the tribunal, on the day.

But to be honest, for a straightforward unfair dismissal claim like this, you should not need to refer to case law. The law relating to unfair dismissal is fairly well entrenched and the tribunal will be fully aware of all the relevant cases.

Ddunn

Hello,

Just another quick update/another question if you wouldn't mind helping again please

Today is the day witness statements are due to be exchanged.

Yesterday the respondent emailed the ET to request that this be delayed by 14 days, however the ET haven't replied and the respondent wont respond to my requests on asking how they want to exchange.

My question is should I just email over my witness statement later tonight or what?

Many thanks
DD

Pricivius

No, don't send them until they agree to send theirs. Statements should be exchanged simultaneously to ensure neither party is prejudiced.

So, I would email them to advise that you are ready to exchange statements but that you will await confirmation from them when they are ready. In the event that the tribunal does not allow their application, you will then be able to show that you were ready and waiting on time.

Ddunn

Pricivius wrote: »

Statements should be exchanged simultaneously to ensure neither party is prejudiced.

I was thinking this but at the same time didn't want to fall foul myself!

Many thanks!!

zzzLazyDaisy

Assuming that witness statements have still not been exchanged and that you e-mailed them as Pricivious requested, I suggest that tomorrow you copy the e-mail to the tribunal with a covering letter saying that you object to the respondent's application for a two week delay in exchanging statements owing to the fact that the tribunal is now only [x] days away and the proposed delay will prejudice your ability to prepare for the hearing.

Dx