Employment tribunals & witness statements

dippy3103

jobbingmusician wrote: »

Yes, I guess that IS interesting. We are moving to have the 2nd bit struck out (because the case has no merit*) but we have filed a defence demonstrating that.

*We would say that, wouldn't we! It all happened before I was in post, but I think it really is a most enormous try-on.

I guess time will tell... for both of us!

Hate doing this but it’s the only way I can get someone external to review my employers position. They refuse to engage or negotiate. The independent advice I have taken is that my case has merit. I just can’t affird representation so having to do this on my own. I’d rather that than go no win no fee lawyer- i’m Not sure they would take my case as my loss is only about £3k so not much scope for “fees”

Pricivius

I am not sure what you mean by a defence. The Respondent is only obliged to file the ET3 - they do not need to file anything else, although Grounds of Resistance would be helpful and most Respondents would write something in this regard.


Have they explained their basis for arguing that your claim is out of time? This is not really making much sense!


I am not sure what a PCMH is. The Tribunal will now decide whether to consider their application on paper or in person at a hearing. If they decide to consider it on paper, they are likely to seek your position in writing before consideration. If they want to hear it in person, they need to decide whether to call a Preliminary Hearing or deal with the application at the Final Hearing. Either way, they will let you know.


No harm in cracking on with your witness statement to get your story in chronological order. Leave gaps for page numbers.

jobbingmusician

I wouldn't worry about having no representation. I mean, obviously you will worry, but an ET is a lot less formal than a 'normal' court and it is perfectly possible to represent yourself (I have done it - and won.) Your comment about a PCMH also encourages me to believe you have a bit of knowledge of court processes.

You could always go along and watch some tribunals - I think this is still possible - to get a head start about how things work.

dippy3103

jobbingmusician wrote: »

I wouldn't worry about having no representation. I mean, obviously you will worry, but an ET is a lot less formal than a 'normal' court and it is perfectly possible to represent yourself (I have done it - and won.) Your comment about a PCMH also encourages me to believe you have a bit of knowledge of court processes.

You could always go along and watch some tribunals - I think this is still possible - to get a head start about how things work.

Yes.. I come into contact with the criminal Courts through work frequently. So I guess that is helping me take a step back and view my case as something I need to back with evidence and not as a personal crusade!

Crazy_Jamie

dippy3103 wrote: »

Hello again.. wasn’t sure if this should be a new thread or not.

My employer has now responded with their defence. Well no defence actually, merely an application for my Tribunal to be struck out time (as I am proceeding for unlawful deduction of wages and it’s ongoung it’s not out of time).

As I understand it, a judge will now look at their ET3 and adjudicate on their strike out application.

Am I right in my understanding of this as the next step? Is there a timescale on this? Can they then file a defence or do we just go to case management stage? Is it like a PCMH but on paper?

I have a hearing date in April, so was planning on starting on my statement etc- mainly so I can take my Time and get my case set out as logically and clearly as possible.

It is difficult to know exactly what is going on here without more precise details, but the order that you have received from the Tribunal with that hearing date will confirm what type of hearing the April listing is and how long it is listed for, along with any other associated directions. It will either be a preliminary hearing, with the aim of clarifying the claim and laying down directions, or a final hearing with the aim of disposing of the claim.

In terms of the time limit point, that is something that will need to be determined by the Tribunal. Such issues can be determined on paper if they are straightforward, but time limit points are often listed to be determined at preliminary hearings in person. Again, the Tribunal will determine how it should be dealt with an inform you accordingly. If the April hearing is already a preliminary hearing the time limit point may be dealt with there, it may be dealt with at a separately listed hearing, or it may be dealt with at the final hearing along with any other issues. It all depends on the Judge's view as to how it should best be dealt with.

As to your crown court comparison, broadly speaking, yes, preliminary hearings are like PCMHs (Plea and Case Management Hearings, for those unfamiliar with the criminal courts), but obviously without the plea part. As I've said above, preliminary hearings are either listed to clarify issues and set directions, or to deal with discrete issues aside from the final hearing.

As has already been said, there is no harm in starting your witness statement at this stage, but the directions that are ultimately made by the Tribunal will include directions for, among other things, preparation of the bundle and exchange of witness statements, so you'll have advanced notice as to the time limits for the individual steps.

Simange

Hi,
I'm in the middle of preparing for a 5-day Employment Tribunal Hearing (in May) and am representing myself. I'm claiming for Unfair Constructive Dismissal and Disability Descrimination.
I'm cross-referring my witness statements to the Bundle right now and I'm not sure if I should only refer to documents supporting specific parts of my claim or if I should include documents which make mention of them as well, i.e, previous grievance and appeal documents, and even documents where my employer has referred to a specific part? Not sure if that makes any sense, I'm struggling to explain it clearly.
Any thoughts/advice?

elsien

You will probably get more responses if you start your own thread on the topic. Plus it will be less confusing if the original poster comes back with more questions.

Pj1981

Im weeks away from tribunal for unfair dismissal.the respondants witness statements are an embarassment.they contradict each other, and as a whole, are riddled with errors.i am struggling to get my head around it all.i have obtained evidence of colluding between witnesses.can i get the whole defence struck out , or do i have to wait till hearing to make them look silly? The whole case is shambolic, disciplinary process ,investigation was poor, and i can prove this.struggling to apply case law to all the issues though.anyone with common sense could see the holes.can i apply for a complete strike out and/or push for perjury charges? The statements are all from 'senior managers' .

dippy3103

Thank you to everyone that has advised thus far.

My employers applications both failed (they had a barrister, I represented myself) and I will have a full hearing early in 2019. In honesty, even if my case fails (and the judge agreed with me that it was all down to the application of the law and virtually all of the evidence is documents) then I know I gave it my best shot and stood up for what I felt is right.

This just got real.... I can do this!!