Employment Tribunal - Case Management Decision Help

HMO976

Hi,

I'm taking my former employers to an employment tribunal. I did not work there for two years or more. My case is on health and safety grounds so the two year rule does not apply. Due to a lack of finances my only option is to represent myself.

My former employers solicitors have asked for a case management decision (CMD). The grounds are the case is too complex to be heard in one day and they estimate it will take four days. The CMD has been granted by the employment tribunal.

I have been reliably informed that a case cannot be thrown out at a CMD. With that in mind I have two questions which hopefully somebody can help me with?

1) I'm struggling to see an advantage to the CMD for my employers? If they are successful they have just increased their costs four fold.

2) When the tribunal accepts your case they send you conformation and a time scale of things to be done. Naturally we won't have to prepare case documentation by the specified dates due to the fact the tribunal date will change. But I have requested documentation from my former employers to help with my case. I gave them what I perceived to be a reasonable 14 days to respond. That time has passed and they haven't responded. My next move is to apply to the employment tribunal for an order of disclosure. Will the CMD effect this in any way?

If anybody knows the answer or somewhere I can go to find the answer I would be grateful.

jobbingmusician

The tribunal office can't help you with your case in any way, I know that. However, I don't see why they shouldn't help you with tribunal procedures. In your position, I would try ringing them and asking them the question you've asked here - good luck and let us know how you get on.

HMO976

Thank you for the reply. I'll give that a go on Monday.

HMO976

Further to your advice I've done a bit more research and come across this,

Employment Tribunal Public Enquiry Line

The Employment Tribunal Public Enquiry Line can provide answers to queries, and explain how the employment tribunal system works. They don't give legal advice. More details are available on the Ministry of Justice website.

Telephone: 0300 123 1024

Website: As a new user I'm unable to post the website link

My second questions is a procedural question so they should be able to help. It would be handy to know the tactics (if any) behind the CMD request. I'll update tomorrow once I've spoken to them.

nicechap

HMO976 wrote: »

Hi,

I'm taking my former employers to an employment tribunal. I did not work there for two years or more. My case is on health and safety grounds so the two year rule does not apply. Due to a lack of finances my only option is to represent myself.

My former employers solicitors have asked for a case management decision (CMD). The grounds are the case is too complex to be heard in one day and they estimate it will take four days. The CMD has been granted by the employment tribunal.

I have been reliably informed that a case cannot be thrown out at a CMD. With that in mind I have two questions which hopefully somebody can help me with?

1) I'm struggling to see an advantage to the CMD for my employers? If they are successful they have just increased their costs four fold.

2) When the tribunal accepts your case they send you conformation and a time scale of things to be done. Naturally we won't have to prepare case documentation by the specified dates due to the fact the tribunal date will change. But I have requested documentation from my former employers to help with my case. I gave them what I perceived to be a reasonable 14 days to respond. That time has passed and they haven't responded. My next move is to apply to the employment tribunal for an order of disclosure. Will the CMD effect this in any way?

If anybody knows the answer or somewhere I can go to find the answer I would be grateful.

HMO976 wrote: »

Further to your advice I've done a bit more research and come across this,

Employment Tribunal Public Enquiry Line

The Employment Tribunal Public Enquiry Line can provide answers to queries, and explain how the employment tribunal system works. They don't give legal advice. More details are available on the Ministry of Justice website.

Telephone: 0845 795 9775
Minicom: 0845 757 3722
Website: As a new user I'm unable to post the website link

My second questions is a procedural question so they should be able to help. It would be handy to know the tactics (if any) behind the CMD request. I'll update tomorrow once I've spoken to them.

Without knowing any of the details of your case (nor do I wish to), it would seem to me that they are planning on using expert witnesses to support their rebuttal of your case.

You will be able to cross question the experts but you will need to know the science, law, history etc behind their statements to have a chance of challenging their testimony. If you get it wrong you will undermine your case.

Their costs will increase by 4 (or more) but I presume they believe they will win and therefore get their costs back from you.

HMO976

Thank you nicechap for your reply.

Just so I'm 100% clear. They would use the CMD to ask for the use of expert witnesses in the claim and without the CMD they wouldn't be able to?

JReacher1

It is very unlikely if they win for costs to be awarded. As long as you do not lie and follow the correct procedure there is almost no chance of the judge awarding costs.

nicechap

HMO976 wrote: »

Thank you nicechap for your reply.

Just so I'm 100% clear. They would use the CMD to ask for the use of expert witnesses in the claim and without the CMD they wouldn't be able to?

Not at all, even with a 1 day hearing they can use expert witnesses.

(Don't get sucked into a side debate about costs)

HMO976

I know it's difficult to say without knowing the details. But does it seem that I'm over thinking the CMD as a tactic to trip me up somehow? It is more a reasonable, standard request given the situation. But has the added advantage of quadrupling the costs and complexity, which in turn might give me second thoughts?

Sorry if I'm being a bit slow. I'm worried about making a silly technical error and the case not making it to tribunal.

nicechap

HMO976 wrote: »

I know it's difficult to say without knowing the details. But does it seem that I'm over thinking the CMD as a tactic to trip me up somehow? It is more a reasonable, standard request given the situation. But has the added advantage of quadrupling the costs and complexity, which in turn might give me second thoughts?

Sorry if I'm being a bit slow. I'm worried about making a silly technical error and the case not making it to tribunal.

I doubt its a tactic to trip you up before the hearing - though I suspect it is a strategy within the hearing itself as there will be so much talking, facts, opinions etc etc, the risk of missing something or getting side tracked on an irrelevant point is high if you are on your own. Even lawyers have trainees to assist them with their bundles.

Have a search on this forum for Employment Tribunal and see how other cases have worked out.

Has there been any mediation yet?

HMO976

No there hasn't been any mediation. I didn't want to enter into early conciliation via ACAS before I submitted my claim. I did double check with ACAS recently and there hasn't been any contact by the respondent. At this point I won't be the one to suggest it first as I think it seriously weakens my position.

I did see an employment solicitor before making my claim. Had I worked there for two years he would have taken the case on, on a 'no win, no basis'. From what I could gather, with two years service he couldn't have lost. He confirmed what I suspected that I had a case on health and safety grounds and as such didn't need two years service. But it wasn't strong enough for him to take on, on a 'no win, no fee' basis.