Employment Tribunal - disclosure by list

DiscriminationClaimant17 · 28 November 2017 at 8:46AM

Ahh, I see what you mean. I applied to a job recently and after an hour on the phone to the recruiter and all of his enthusiasm, I was really puzzled to not get an interview, no feedback on my application, nothing. So I have a feeling that they may have contacted my ex employer who may have given an "off the record" reference... "don't employ her, she'll go off and get pregnant and take you to tribunal when she leaves!"...

This feels like it's dragging so much now. R's solicitor asked for a time extension last week on submitting the bundle and I agreed, (still trying to show that I'm the reasonable one as it is all of my documents that they're putting together after all) they've now missed the extended deadline and when I emailed to ask if I could still expect the index by the end of the day the solicitor I'd been dealing with jumped straight back to reply that the solicitor responsible for the case was out of the office that afternoon... ? Seems tactical to me, why be in touch asking for an extension and happy to communicate but then to cease communication when you know you're going to miss a deadline rather than just saying "sorry, this has happened, it'll be tomorrow" I'm sure they've got other things on their mind than whether they've inconvienienced me but isn't there some backlash from the tribunal for missing deadlines? They already missed one and got a ticking off for it and were told that the judge refused to read it. He then reminded them to be very careful with deadlines going forward..

They've not come back with anything on the settlement side since I put my figures over, not even a "too high, no thanks" ACAS are dealing with that and I'm just carrying on with the case in the meanwhile, written my witness statement and just need to tidy it up within the word limit and add the page/document numbers in where referred to, so them missing the deadline isn't massively hindering me at the moment, just frustrating that the people that are supposed to be experienced know how to "break the rules" seemingly JUST to make me squirm and all I can do is follow the directions to the letter and take the moral high ground.

Grumble..

DiscriminationClaimant17 · 16 December 2017 at 9:57AM

Well by way of an update there has been no further discussion about settlement and we've now put forward our witness statements.

After reading theirs I now want to see this through to the end! I've also only got one more bill date before the hearing so it really doesn't make any difference to me any more whether I settle or not.

Is the bundle final by this point? The respondent makes reference to some correspondence that allegedly proves that I was generating evidence specifically to bolster my ET claim but no such correspondence exists so can I request it be added (knowing they can't produce it), I even have evidence that disproves their claims as it directly accuses me of amending a document when asked and then resorting to the original when it benefitted me. (I have all three versions of the same document in front of me with the email chain and the section they dispute is identical in all three) or do I just have to rely on the fact that its not in the bundle, therefore the judge won't find that comment relevant? This document is a pretty important one for the case as it ties in with several others and would make life much easier if it was proved beyond doubt to be relevant and not "fiddled".

Also, what happens with regard to perjury at an ET? I imagine that it isn't often followed through because of the whole "he said/she said" interpretation of the facts... but in this instance the witness statement is so riddled with blatant lies that the witness has sworn to which could mean the end of my claim if they WERE believed. (None of them has any evidence though so I'm not considering them any particular threat at this time).