Tribunal advice - factual inaccuracies in response

banker75

Hi,

I'm struggling my way through the quagmire that is representing myself at Employment Tribunal and could use some advice if possible.

I received a copy of the ET3 response yesterday and it contains quite a few factual inaccuracies. I'm not sure whether I should point those out now so that everything is correct before things go any further, or whether I should wait until the preliminary hearing (due to take place in six weeks). Any help very much appreciated.

Thanks

paddyrg

I don't know, but do you have evidence that they're factually incorrect? And are they material to the case?

banker75

paddyrg wrote: »

I don't know, but do you have evidence that they're factually incorrect? And are they material to the case?

Yes, it will be clear when the supporting evidence is provided that they are mistakes - there are contradictions between the response and what the company themselves have said in response to the initial grievance (eg I was informed of risk of redundancy in January this year - that has never been disputed but response states that I was informed in November 2015). other than that it is things like incorrect dates, a reference to a '7 page' letter I sent (was 1 page). I don't think there is anything that is hugely material. I just want to be sure I'm not putting myself at any disadvantage by not pointing the errors out now, or conversely making myself look like a pedantic pest!

lincroft1710

Although I have limited experience of employment tribunals, I know that other tribunals prefer that any inaccuracies in the evidence presented are corrected prior to the hearing.

undaunted

Have you thought of just covering yourself - ie writing to the tribunal & CC your former employer stating that whilst you appreciate that they are entitled to submit their response & evidence as they see fit you believe the ET3 to contain a number of indisputable factual inaccuracies. Would they like you to point these out now or await the preliminary hearing?


The onus is then back onto them. If you're asked to point them out then you do so - leaving your former employer looking a little foolish / embarrassed (assuming you are correct & able to prove this of course) whilst if you're not then you do so at the preliminary hearing when you can say that you gave each of them the opportunity - 6 weeks previously - so again your former employer looks bad if they submitted inaccurate "facts"!

banker75

thanks,

I emailed the tribunal cc'd to my employer and requested that, subject to the respondents agreement, the following factual inaccuracies be corrected before the preliminary hearing..... so pretty much the same result as suggested above

Crazy_Jamie

banker75 wrote: »

I received a copy of the ET3 response yesterday and it contains quite a few factual inaccuracies. I'm not sure whether I should point those out now so that everything is correct before things go any further, or whether I should wait until the preliminary hearing (due to take place in six weeks). Any help very much appreciated.

Technically neither. It is not at all unusual for their to be factual disputes between the parties throughout proceedings in the Employment Tribunal. If they have presented an inconsistent or factually incorrect case that is something that you can use to strengthen your own arguments at the final hearing or to undermine their arguments. You could certainly send a letter to them pointing out their errors, but there is no official need or process for doing so.

At the preliminary hearing directions will be laid down to enable the exchange of documents, preparation of the trial bundle, and the exchange of witness statements. The Judge will also likely want to clarify the issues. If the errors/disputes that you have identified are key to the issues in the case, the Judge will likely note them as being issues that need to be resolved, but it depends on the nature of the case and the issues. To that end it may be worth mentioning them in the Preliminary Hearing if it is something that the Tribunal needs to be aware of, but the Judge will likely guide you as to whether that is something that needs to be noted on the list of issues, of whether it is simply a factual discrepancy that will be dealt with at the final hearing.

It is important to note, however, that no determination of those issues will be made at the preliminary hearing. The Judge will effectively be deciding whether it is an issue that needs to be specifically highlighted to the Judge who determines the matter at trial or not. You can't really 'points score' at this stage, though raising them at the preliminary hearing may result in the trial Judge being specifically aware of the issue going in to the trial, which may be beneficial for you.