Employment Tribunal Advice Please

Crazy_Jamie

Mersey wrote: »

It happens in most cases, but...


I would disagree with CrazyJamie's assertion, "that in the County Court it is standard for witnesses to sit in Court throughout."

It is worth bearing in mind that your background is in counter fraud. Trials where fraud is alleged (or otherwise intimated) by the insurer is one of the few types of county court cases where applications for witnesses to wait outside while the others give their evidence may succeed. Even then, it is still the norm in cases like that for witnesses to be in court throughout. It's even the norm in High Court contempt proceedings. So whilst I fully accept that there are exceptions, my assertion is correct.

In any event, it is extremely unusual for witnesses to not be present throughout in the Employment Tribunal, so it's in the OP's interests to be aware of (and if necessary prepare for) the fact that the other side's witnesses will be sat in the Tribunal room throughout the trial.

Converse20

Steampowered

The documents are rotas, and the information is a persons employment dates.

The case law is all relevant, and I would be providing the cases in skeleton arguments before the new hearing which is currently not scheduled.

steampowered

Converse20 wrote: »

Steampowered

The documents are rotas, and the information is a persons employment dates.

OK, that should be easy for them to provide if relevant.

The case law is all relevant, and I would be providing the cases in skeleton arguments before the new hearing which is currently not scheduled.

You can refer to cases in the skeleton argument, but its a good idea make sure you have the underlying judgment in the bundle.

Converse20

When we provided the previous skeleton arguments. Both sides provided the cases with them, no cases are currently in the bundle. Will this be an issue do you think?

Also,ACAS have been in contact to try and reach a resolution.

The conciliator asked about how ready and willing I am to go to the full hearing. I told him that I'm quite looking forward to it, but that I couldn't see the respondent wanting to go public. He laughed. He seemed very much shocked at what I told him of the case and although he is obviously impartial, he made some comments of quite the opposite. Is he likely to give the respondent his opinions on what I've told him? Am I reading to much into this?

Converse20

Regarding the rotas, if it comes to it and they won't provide them, I could probably get them myself through employees that I still have contact with. I just don't want to implicate them so would rather not ask.

steampowered

Converse20 wrote: »

When we provided the previous skeleton arguments. Both sides provided the cases with them, no cases are currently in the bundle. Will this be an issue do you think?

A skeleton argument is normally only a page. Do you mean the judgments were provided behind the skeleton argument?

You need to have the full judgment for the cases you are citing. This is what a judgment looks like: http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKEAT/2012/0272_12_2011.html.

Also,ACAS have been in contact to try and reach a resolution.

The conciliator asked about how ready and willing I am to go to the full hearing. I told him that I'm quite looking forward to it, but that I couldn't see the respondent wanting to go public. He laughed. He seemed very much shocked at what I told him of the case and although he is obviously impartial, he made some comments of quite the opposite. Is he likely to give the respondent his opinions on what I've told him? Am I reading to much into this?

You are probably reading too much into it. Its entirely possible the employer will decide to make a better settlement offer but not guaranteed. If the respondent is legally represented they will be taking advice from their legal counsel, not from ACAS.

Converse20 wrote: »

Regarding the rotas, if it comes to it and they won't provide them, I could probably get them myself through employees that I still have contact with. I just don't want to implicate them so would rather not ask.

Have you actually been given a reason why these are not provided? If not, perhaps worth one more letter to the respondent asking for them saying that you will make an application to the Tribunal for an order that they are disclosed if they are not provided within 5 working days.

Converse20

The skeleton argument was one page, then the cases were attached to the email. Exactly like the one that you linked.

I have already emailed the Tribunal so I can't really contact the respondent again. Still waiting for a response from the Tribunal, but they can take some time.

Converse20

So I've had a response from the respondent, sent to the tribunal but obviously with me copied in. They have requested that disclosure of these documents is discussed in the hearing in April. They haven't actually said that they are unwilling to provide them, but haven't provided them. I responded saying that I need the documents, no reason has been given to refuse the documents and that had the respondent not sent me hundreds of pages of documents hours before the hearing, then perhaps I wouldn't be needing more information and documents now.

It is very well taking the moral high ground with disclosure, yes it should've been completed months ago. But the were very underhand with it which is a big part of why are still delayed and preparing for yet another hearing.

I need the documents. Am i likely to get them?

tyler2027

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/employer-s-response-to-an-employment-tribunal-claim/


They have requested (to the tribunal) disclosure takes place at the hearing. If you keep contacting the respondent two things will happen. You wont get the documents, and the tribunal won't be any the wiser that your not happy with this.


So contact the tribunal and ask them to make an order requesting disclosure takes place before the hearing.

Converse20

I have already asked for an order from the tribunal, and have objected to the respondents request to deal with the documents at the hearing.