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Non-disclosure of employment tribunal documents and the final hearing bundle
dj9911
Posts: 25 Forumite
Good Afternoon,
My apologies for the length of the post. Unfortunately these matters tend to be complicated.
I’m involved in an employment tribunal which is based on health and safety grounds without having two years’ service.
I have had to repeatedly ask for disclosure of documents. Including applying to the court for non-disclosure. There was also a CMD. Within the CMD it gave the final hearing bundle date as the end of October 2018. This over ran by 2-3 weeks mainly due to respondent’s late disclosure. The CMD said that the dates within it could be extended by 2 weeks with both parties consent.
All that was included in the respondent’s disclosure of my personal file and all other associated documents was a ‘written statement of employment particulars’. In December 2018 I remembered that I had given my employers at the time of interview a CV. This included a lot of health and safety courses and training. As the case is about health and safety this would obviously be relevant and beneficial to my case. The CV I gave my employers was on a hard drive which was corrupted and I had no other copies. Over Christmas I went to stay with relatives and found a copy of my CV from that time. In the beginning of January 2019 I sent the respondents a copy of that CV saying I gave one at the time of interview. Therefore it should have been included in my personnel file and therefore be included in the bundle. They dated the CV as the date of receipt (January 2019) and included it in the electronic bundle index.
A week or two later and only when requested I received the hard copy of the final hearing bundle. Included in the bundle (without asking or telling me) is the original copy of the CV I gave to my employer at the time of interview. They have obviously never disclosed it due to my health and safety training having a negative impact on their case. It is not included in the electronic copy of the bundle index. The first hard copy they sent me was from another case. I suspect this was a stalling tactic.
I thought it was the same CV but are different. The good news is my educational qualifications, health and safety training and certificates are the same. Word for word and format. Apart from one extra on the CV I sent in. That was for an entrance into an industry award 20 plus years ago. That and all the other qualifications/training are real. I no longer have the certificates etc. The bad news is the work history is completely different. I freely admit I must have deliberately altered my CV for the job. I have had over the years numerous different copies with vastly different employment history. I have over a 30 year work history and I have worked for 20 plus companies. Several of which have ended badly. Apart from obviously not wanting to include the bad ones. I was finding in interviews I wasn’t getting jobs due to the amount of companies I had worked for. I doubt that this is relevant but I have had advice from various professional sources that my CV was too long and to tailor it to the job application i.e. lie. Again I admit I willingly did this to gain employment. I’ve never claimed I worked for a company I haven’t. I have just extended dates or altered them to cover short/ bad employment and periods of unemployment. This has been by years as well not a few months. I have also used various excuses to hide unemployment (house renovation etc). My work history is such that I couldn’t give an accurate history.
I assume the negative impact on the case for me outweighs the benefits of the training and undermines my case as I’m seen as dishonest? If there had been full disclosure this wouldn’t have been an issue. The idea situation for me is for the CV I gave my employer to be included in the bundle and the copy I sent not included. I would also like to stop this being brought up in the tribunal. Is there any way I can achieve this and if so how? If not what is the best course of action to minimise the impact?
Also I know this is a long shot. But, is there any way I can use this to have the case thrown out in my favour? This was clearly non-disclosure of relevant documents which were beneficial to my case. This therefore raises the question of what other documents have they not disclosed. How would they affect my case? In the CMD the parties were reminded to include the other party in correspondence with the court and to assist the tribunal under rule 2. I have several instances of not including me in court communication. Plus a long email history of not disclosing documents and then only well after CMD ordered court dates and threatened with an application to the court. The documentation in question was also supplied to the court by the requested CMD date.
My apologies for the length of the post. Unfortunately these matters tend to be complicated.
I’m involved in an employment tribunal which is based on health and safety grounds without having two years’ service.
I have had to repeatedly ask for disclosure of documents. Including applying to the court for non-disclosure. There was also a CMD. Within the CMD it gave the final hearing bundle date as the end of October 2018. This over ran by 2-3 weeks mainly due to respondent’s late disclosure. The CMD said that the dates within it could be extended by 2 weeks with both parties consent.
All that was included in the respondent’s disclosure of my personal file and all other associated documents was a ‘written statement of employment particulars’. In December 2018 I remembered that I had given my employers at the time of interview a CV. This included a lot of health and safety courses and training. As the case is about health and safety this would obviously be relevant and beneficial to my case. The CV I gave my employers was on a hard drive which was corrupted and I had no other copies. Over Christmas I went to stay with relatives and found a copy of my CV from that time. In the beginning of January 2019 I sent the respondents a copy of that CV saying I gave one at the time of interview. Therefore it should have been included in my personnel file and therefore be included in the bundle. They dated the CV as the date of receipt (January 2019) and included it in the electronic bundle index.
A week or two later and only when requested I received the hard copy of the final hearing bundle. Included in the bundle (without asking or telling me) is the original copy of the CV I gave to my employer at the time of interview. They have obviously never disclosed it due to my health and safety training having a negative impact on their case. It is not included in the electronic copy of the bundle index. The first hard copy they sent me was from another case. I suspect this was a stalling tactic.
I thought it was the same CV but are different. The good news is my educational qualifications, health and safety training and certificates are the same. Word for word and format. Apart from one extra on the CV I sent in. That was for an entrance into an industry award 20 plus years ago. That and all the other qualifications/training are real. I no longer have the certificates etc. The bad news is the work history is completely different. I freely admit I must have deliberately altered my CV for the job. I have had over the years numerous different copies with vastly different employment history. I have over a 30 year work history and I have worked for 20 plus companies. Several of which have ended badly. Apart from obviously not wanting to include the bad ones. I was finding in interviews I wasn’t getting jobs due to the amount of companies I had worked for. I doubt that this is relevant but I have had advice from various professional sources that my CV was too long and to tailor it to the job application i.e. lie. Again I admit I willingly did this to gain employment. I’ve never claimed I worked for a company I haven’t. I have just extended dates or altered them to cover short/ bad employment and periods of unemployment. This has been by years as well not a few months. I have also used various excuses to hide unemployment (house renovation etc). My work history is such that I couldn’t give an accurate history.
I assume the negative impact on the case for me outweighs the benefits of the training and undermines my case as I’m seen as dishonest? If there had been full disclosure this wouldn’t have been an issue. The idea situation for me is for the CV I gave my employer to be included in the bundle and the copy I sent not included. I would also like to stop this being brought up in the tribunal. Is there any way I can achieve this and if so how? If not what is the best course of action to minimise the impact?
Also I know this is a long shot. But, is there any way I can use this to have the case thrown out in my favour? This was clearly non-disclosure of relevant documents which were beneficial to my case. This therefore raises the question of what other documents have they not disclosed. How would they affect my case? In the CMD the parties were reminded to include the other party in correspondence with the court and to assist the tribunal under rule 2. I have several instances of not including me in court communication. Plus a long email history of not disclosing documents and then only well after CMD ordered court dates and threatened with an application to the court. The documentation in question was also supplied to the court by the requested CMD date.
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Comments
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Good Afternoon,
My apologies for the length of the post. Unfortunately these matters tend to be complicated.
I’m involved in an employment tribunal which is based on health and safety grounds without having two years’ service.
I have had to repeatedly ask for disclosure of documents. Including applying to the court for non-disclosure. There was also a CMD. Within the CMD it gave the final hearing bundle date as the end of October 2018. This over ran by 2-3 weeks mainly due to respondent’s late disclosure. The CMD said that the dates within it could be extended by 2 weeks with both parties consent.
All that was included in the respondent’s disclosure of my personal file and all other associated documents was a ‘written statement of employment particulars’. In December 2018 I remembered that I had given my employers at the time of interview a CV. This included a lot of health and safety courses and training. As the case is about health and safety this would obviously be relevant and beneficial to my case. The CV I gave my employers was on a hard drive which was corrupted and I had no other copies. Over Christmas I went to stay with relatives and found a copy of my CV from that time. In the beginning of January 2019 I sent the respondents a copy of that CV saying I gave one at the time of interview. Therefore it should have been included in my personnel file and therefore be included in the bundle. They dated the CV as the date of receipt (January 2019) and included it in the electronic bundle index.
A week or two later and only when requested I received the hard copy of the final hearing bundle. Included in the bundle (without asking or telling me) is the original copy of the CV I gave to my employer at the time of interview. They have obviously never disclosed it due to my health and safety training having a negative impact on their case. It is not included in the electronic copy of the bundle index. The first hard copy they sent me was from another case. I suspect this was a stalling tactic.
I thought it was the same CV but are different. The good news is my educational qualifications, health and safety training and certificates are the same. Word for word and format. Apart from one extra on the CV I sent in. That was for an entrance into an industry award 20 plus years ago. That and all the other qualifications/training are real. I no longer have the certificates etc. The bad news is the work history is completely different. I freely admit I must have deliberately altered my CV for the job. I have had over the years numerous different copies with vastly different employment history. I have over a 30 year work history and I have worked for 20 plus companies. Several of which have ended badly. Apart from obviously not wanting to include the bad ones. I was finding in interviews I wasn’t getting jobs due to the amount of companies I had worked for. I doubt that this is relevant but I have had advice from various professional sources that my CV was too long and to tailor it to the job application i.e. lie. Again I admit I willingly did this to gain employment. I’ve never claimed I worked for a company I haven’t. I have just extended dates or altered them to cover short/ bad employment and periods of unemployment. This has been by years as well not a few months. I have also used various excuses to hide unemployment (house renovation etc). My work history is such that I couldn’t give an accurate history.
I assume the negative impact on the case for me outweighs the benefits of the training and undermines my case as I’m seen as dishonest? If there had been full disclosure this wouldn’t have been an issue. The idea situation for me is for the CV I gave my employer to be included in the bundle and the copy I sent not included. I would also like to stop this being brought up in the tribunal. Is there any way I can achieve this and if so how? If not what is the best course of action to minimise the impact?
Also I know this is a long shot. But, is there any way I can use this to have the case thrown out in my favour? This was clearly non-disclosure of relevant documents which were beneficial to my case. This therefore raises the question of what other documents have they not disclosed. How would they affect my case? In the CMD the parties were reminded to include the other party in correspondence with the court and to assist the tribunal under rule 2. I have several instances of not including me in court communication. Plus a long email history of not disclosing documents and then only well after CMD ordered court dates and threatened with an application to the court. The documentation in question was also supplied to the court by the requested CMD date.
I'm afraid you will not find much useful help here, your questions and subject matter are quite technical and the members with extensive experience in Employment Tribunals are no longer allowed to help here.
You should take proper legal advice.
EDITED TO ADD - it might have been helpful to new readers if you'd posted on your other 2 threads so people could understand the background to your ET - you got some very good advice on them.Originally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
Or join consumer action group and look for sarEl or Sangie0
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I'm afraid you will not find much useful help here, your questions and subject matter are quite technical and the members with extensive experience in Employment Tribunals are no longer allowed to help here.
You should take proper legal advice.
Sadly I agree!
As a general observation solicitors can be very good at knowing how far they can push the boundaries and tribunal judges, in my view, tend to allow them to do so. It shouldn't happen but I'm afraid it does all too often.
Obviously it depends on the exact circumstances and indeed on the judge. However I would imagine your chances of getting the case decided in your favour, purely on this point, are next to zero.0 -
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Your first post says you were sacked for refusing to work in an unsafe way.
Therefore your epic training history is of no relevance
_ you just need to prove the lack of safety.
Don’t get bogged down in pedantic tangents. Stick to the knitting.2021 GC £1365.71/ £24000 -
Wayy too complex for most people on her to help with I'm afraid.
One thing I will say, though, is that I personally feel that your lies here should form part of the bundle.
Spirit of fairness and all that...0 -
Wayy too complex for most people on her to help with I'm afraid.
One thing I will say, though, is that I personally feel that your lies here should form part of the bundle.
Spirit of fairness and all that...
Quite.
The OP says.....I freely admit I must have deliberately altered my CV for the job. I have had over the years numerous different copies with vastly different employment history. I have over a 30 year work history and I have worked for 20 plus companies. Several of which have ended badly. Apart from obviously not wanting to include the bad ones. I was finding in interviews I wasn’t getting jobs due to the amount of companies I had worked for. I doubt that this is relevant but I have had advice from various professional sources that my CV was too long and to tailor it to the job application i.e. lie. Again I admit I willingly did this to gain employment.
and in doing so they are admitting fraud!
Although not frequently prosecuted (and I very much doubt it would be here) lying in an attempt to secure employment is a criminal offence. It is certainly lawful grounds to dismiss an employee, regardless of how long they have been employed.
I would suggest the OP takes proper legal advice before going much further.0 -
Thank you for the replies and my apologies for not linking to the other threads. I have limited computer access at the moment and I was short on time.
Unfortunately paid legal advice is not an option open to me due to financial reasons.
Thank you all once again. I will try CAG.0 -
Indeed, however I appreciate OP's position in that it is probably something that many people do in order to secure a job (so I think fraud would be harsh, but gross misconduct wouldn't if that makes sense).Undervalued wrote: »Quite.
The OP says.....
and in doing so they are admitting fraud!
Although not frequently prosecuted (and I very much doubt it would be here) lying in an attempt to secure employment is a criminal offence. It is certainly lawful grounds to dismiss an employee, regardless of how long they have been employed.
I would suggest the OP takes proper legal advice before going much further.
I have a sneaky feeling that they've made a completely new CV up over the Christmas period which supports their viewpoint on the assumption that the employer doesn't have the original. If I'm right, THAT would be something I'd consider as fraud and the employer, whilst they should have initially disclosed the original CV (wrong on their side), has called OP's bluff..0 -
Indeed, however I appreciate OP's position in that it is probably something that many people do in order to secure a job (so I think fraud would be harsh, but gross misconduct wouldn't if that makes sense).
I have a sneaky feeling that they've made a completely new CV up over the Christmas period which supports their viewpoint on the assumption that the employer doesn't have the original. If I'm right, THAT would be something I'd consider as fraud.
Well I hope you are wrong as presenting false documents to an employment tribunal is perjury! A year or two ago somebody (in Scotland I think) went to prison for that!0
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