Last minute employment tribunal issues 9 days till trial

Miss_moral

I am in the midst of a tribunal like CazzieT, I am unrepresented and feel rather vulnerable like a wounded animal!

1) document list exchange - on time all ok
2) respondent bundle production deadline end of Jan - still waiting for it 9 days till trial! They have in the last week told me they now may add in an ex-colleague's emailed confession dated and signed since sight of my witness statement.
3) witness statement exchange early Feb - happened on time, mine was just short of 3,000 word limit, respondent submitted 2 one over the word limit and one substantially below. Yesterday they have withdrawn the short statement, applied for the extension to the main already exchanged statement on the grounds of only one witness now, and added a supplementary statement reacting to my witness statement.

I have written to the Court twice regarding the delay tactics in producing the bundle - I still can't finish my witness statement. Is this normal tactics used against unrepresented claimants, am I able to voice concerns regarding the requested 'word count' extension, additional supplementary statement and extremely recent confession? My 12yr old son even commented on how convenient the confession was - does the tribunal see through these about turns that have been occurring since they had sight of my witness statement?

If you are able to shed any light or reassure me in anyway - thanks in advance

Pricivius

I'm not sure how waiting for the bundle makes much if any difference - as you have already disclosed by list, the bundle just puts the documents in order with page numbers. It's a pain that it's late, but it hardly impacts on justice.

The hearing date is not moving so how are these delaying tactics? Have they applied to postpone the hearing?

There is nothing wrong with applying to extend a wordcount - the tribunal will say yes or no. Supplementary statements are perfectly acceptable - again, up to the tribunal whether to accept them. And both parties have an ongoing duty of disclosure so if a new relevant document comes to light, it absolutely must be disclosed.

With all due respect, a litigant in person often misses out details in the claim form and these do not become apparent until the witness statement is received. This may be the case in your instance - I have seen it many times. Litigants in person may not realise that little details can be crucial and may change both the legal claim they are making and the employer's defence to it. If this has happened, the employer can and should respond to it.

Without further details it is impossible to know what has happened in your case, but more often than not, it's incompetence and not conspiracy at work.

Crazy_Jamie

As has already been said, there shouldn't be anything that surprises you in the bundle; it is just all of the documents in the case placed into an order with page numbers. Don't worry too much about that. Providing they give it to you in enough time for you to prepare for the tribunal it shouldn't be an issue.

In terms of the other points, unless their witness statement is manifestly excessive in terms of word count, the application will probably be successful in that regard.

The confession document is slightly concerning; clearly the fact that it has been created relatively recently is a good reason why it hasn't been disclosed yet. However, if it is relevant it should have been disclosed as soon as possible after it came to light. It is not for the Respondent to tactically hold back information. If it is relevant, there is duty to disclose it. If it is not, they shouldn't need to disclose it anyway. Given that it will be disclosed after the date for exchange of documents they will have to make an application to admit it if you do not agree to it being included. Such applications are often a formality before trials, but it depends on its content and the background to why it has only been created since the incident. You describe it as a 'confession'. Clearly the relevance of it depends on the facts of the case, but my only additional thought is whether this should in fact be witness evidence, but is masquerading as a stand alone document. That is something for you to consider, and in any event you will be able to address the document if it goes into evidence, but if you don't want it included you can object to it being placed in the bundle.

Whether the supplemental witness statement should have been served depends on its content. If it is simply to respond to your witness statement then it should be excluded from the evidence; the whole point of simultaneous exchange of statements is that you cannot respond to the other side's evidence. If there are new points raised in your statement that a supplemental statement on their side may be understandable, but at the same time I unless there is something ground breaking I would expect their advocate to be able to deal with new matters in supplemental questions to their witness at trial. So again, it depends on the content of that additional statement.

All in all though, there is nothing here that is necessarily tantamount to dirty tactics or similar. At this stage you should know your case and have your evidence. You will have an opportunity to address any additional evidence that they bring forward, so just focus on what your case is and deal with any further issues as they arise.

Miss_moral

The previous company I worked at was making a loss. A new GM was appointed, he very quickly replaced staff that had recently moved on with people whom he had previously worked with elsewhere. Within weeks of these appointments HR descended and redudancies were announced, I was gone 3 weeks later (last summer), along with 6 others some of whom were at or over retirement age. It was decided the company could manage without my tier of management, those below me taking some of the responsibilities and the new GM overseeing my section of the business. Suggestions made by me during the consultation process were dismissed and the only offer of work was a demotion, 47% pay drop and loss of car (based on the previous occupant of that position and what I had the vacancy advertised at).

Month after leaving the website reflected the suggestion I made during the consultation process with one of the new recruits doing it - a role that merged our jobs into one. I raised the website update during my appeal and it has been consistently dismissed as a junior IT colleague's human error and that this role does not exist. However last week the respondent made reference to possibly adding in an email chain that 1) showed that last September the emailed instructions sent to the IT dept were infact carried out correctly 2) the sender of that email, in February this year, has now admitted he had sent incorrect instructions! Hence the confession I refer to! The 'confessor' is not listed as a witness.

My statement, by referring to documents, also casts doubt over the validity of the appeal process - they have now withdrawn the statement of the person who carried out the appeal.

The additional statement's content is THEIR perspective on what I did, and how there was no way I would be able to do the combined role that I had suggested but that they vehemently deny exists.

In the last week now and still no paginated bundle and still not sure what they have finally decided on including in that bundle - I know what I have requested to go in, just hope it's all there!

Nednats

They can't just turn up to the court with a bundle that you haven't seen.
If they do tell judge at the start - they may even ask you.

Why can't you finish your witness statement? Write it and send it ASAP!
If you need to refer to documents create you own bundle. It's no uncommon for the to be two bundles.

Miss_moral

Thank you! Sorry badly worded by me the statement is finished and exchanged but it is littered with 'xx' where I need to refer to the paginated bundle - that's what I mean by unfinished!

Nednats

Miss_moral wrote: »

Thank you! Sorry badly worded by me the statement is finished and exchanged but it is littered with 'xx' where I need to refer to the paginated bundle - that's what I mean by unfinished!

If you have documents you are referring to create your own bundle.