Employment Tribunal Advice Please

steampowered

The ET rules do not define what is meant by a 'private' hearing.

Accordingly I would have thought that who is allowed into that hearing would be up to the discretion of the judge on the day. I'm not sure there is any sound legal basis for objecting to a witness being present.

Does it really matter? It strikes me that complaining about this would be a bit ridiculous.

nicechap

Presumably you are a witness too? And you were present?

Converse20

steampowered wrote: »

The ET rules do not define what is meant by a 'private' hearing.

Accordingly I would have thought that who is allowed into that hearing would be up to the discretion of the judge on the day. I'm not sure there is any sound legal basis for objecting to a witness being present.

Does it really matter? It strikes me that complaining about this would be a bit ridiculous.

I agree, but at what point are thier witnesses not allowed to sit in? Will they be present for my evidence?

steampowered

Converse20 wrote: »

I agree, but at what point are thier witnesses not allowed to sit in? Will they be present for my evidence?

Yes, they will most likely be present. The hearing at which you give evidence will be an open hearing. Any member of the public is entitled to attend.

Crazy_Jamie

Converse20 wrote: »

I agree, but at what point are thier witnesses not allowed to sit in? Will they be present for my evidence?

Their witnesses are allowed to sit in throughout, even in a private hearing. Private hearings are there to prevent members of the public from watching, but interested parties and witnesses are generally still allowed to watch throughout. Your impression of witnesses not sitting in during the evidence of other witnesses seems to have come from what happens in criminal courts. In the county court and the employment tribunal it is standard for witnesses to sit in court throughout.

steampowered

It is very possible that there will be a law student or junior lawyer watching as well, especially if you are going to a Tribunal near a law school (such as the central London ET). Don't worry about it and don't let it put you off.

The way Tribunal hearing rooms are set out you tend to be facing the judge with your back to everyone else.

Converse20

I have requested documents from the respondent following thier disclosure of extra documents the day before the hearing.

I have sent 4 emails and haven't received a reply at all.

My next step is to contact the tribunal to request that they be ordered to provide these documents.

Can anyone shed any light on why they may not be wanting to reply?

The documents will massively strengthen my case so I understand it from that side, but to just ignore me?

annandale

I thought that the procedure would be that you request an order from the tribunal for the employer to hand over the documents rather than ask the employer directly.

steampowered

What documents are we talking about here?

I'm struggling to understand how the documents were disclosed just before the hearing, but not provided. What am I missing?

Converse20

Also, now that I've been given leave to make a claim for unfair dismissal (which I've done) do I completly change my case, or have two cases ready? Or (which I would prefer to be the case) does this mean that I can use case law related to u fair dismissal cases to prove my case of whistleblowing. I do still of course maintain that I was dismissed for whistleblowing but as far as I can see, having 2 years service only makes this easier to prove.

Please do correct me or advise, I could be completely wrong and probably am on many things. This group has helped me so much already.