Work Tribunal with no witness statements

Roman90

Hello I am wondering if anyone here has experienced a work tribunal with no witness statements from either side? When I read about the structure of a tribunal the whole thing tends to revolve around witness statements, but in my case there are no witness statements either side.

To explain this, I have to admit I have been rather stupid. When the orders stated that we had to give witness statements, I did not submit any because I had no witnesses. I did not realise it meant my own statement as well! Only now I realise what mistake I have made! I do not have any representation and I guess I read things badly. Now he deadline has passed. I emailed the tribunal service asking for an extension but they said I missed it and that's that.

I contacted the respondent to exchange statements late or to delay the hearing, but in reply they said they had no witness statements either and will block any attempt I make to submit the statement

I found it a bit odd they had no witness statements, but they are tricky so I think they have some plan up their sleeve.

I rang the tribunal service and they could not help. They said that usually the respondent would provide witness statements. Maybe from the person who dismissed me, the appeal officer, or people involved but no, they have none.

So does anyone know how it will go? Will I have to rely on my et1 or will I get the chance to argue? It's so confusing for me.

Blatchford

Are you saying that you have submitted no evidence at all to back up your allegation? The ET1 is nothing but an allegation. It isn't evidence. If the tribunal has no evidence from you, then they will probably throw out your claim. What the employer does or doesn't do is not your problem. You made the allegation, not them. I suspect that the reason they haven't submitted anything is because with no evidence from you they realised they don't need to.

BoGoF

They don"t need any 'plan up their sleeve' as you have shot yourself in the foot. Likely outcome, no case to be heard.....possible costs awarded against you.

rajeshk4u

You need to get legal advice. Send it in anyways after the deadline. May be they accept it.

robatwork

It's pretty clear that the witness statement is from all people involved who will get up and talk in the ET.

Don't expect to do much talking and don't expect to win.

What did your representative say?

steampowered

Yes, this does happen quite frequently. The courts and Tribunals often have to deal with situations where neither party is legally represented and neither party understands the procedural rules.

In such cases the judge/tribunal will normally try to take a common sense approach, as best they can based on the information in front of them. Particularly in employment tribunals and small claims track courts where you get a bit more leeway than in larger cases. For example the tribunal may just be willing to take oral evidence without a witness statement.

In your position, I would prepare a witness statement and simply send it to the Tribunal and the other side as soon as possible. Simply acknowledge that the statement was late due to a misunderstanding over the rules but that this is nevertheless the evidence you intend to produce at the hearing.

I wouldn't bother formally seeking an extension to the deadline at this point as that ship has sailed. It will probably fine, especially if you have at least a few days before the hearing.

While it is true that you have missed the tribunal's deadline so are technically in breach of the tribunal's order, in practice you are unlikely to get sanctioned for that. Especially if the Respondent hasn't complied either.

At least you can then give that evidence orally and the Respondent will have clearly had the opportunity to consider it before the hearing.

It would be more damaging if you arrived at Tribunal and the Respondent complained that they had no opportunity to consider those allegations in advance so are being ambushed.

steampowered

Blatchford wrote: »

If the tribunal has no evidence from you, then they will probably throw out your claim. What the employer does or doesn't do is not your problem. You made the allegation, not them.

There is an important qualifier to this.

In unfair dismissal cases, where someone has been dismissed after working for the requisite qualifying period, the burden of proof is reversed - the employer has the burden of proof to demonstrate that the dismissal was fair, not the employee.

The Op hasn't said whether their tribunal case is about unfair dismissal or something else, so I don't know whether that is relevant here.

Blatchford

steampowered wrote: »

There is an important qualifier to this.

In unfair dismissal cases, where someone has been dismissed after working for the requisite qualifying period, the burden of proof is reversed - the employer has the burden of proof to demonstrate that the dismissal was fair, not the employee.

The Op hasn't said whether their tribunal case is about unfair dismissal or something else, so I don't know whether that is relevant here.

Yews I am aware of that fact. But that doesn't change the other fact that if the poster has submitted no evidence then their is nothing to support their allegation. People cannot make unsubstantiated allegations against employers regardless of the burden of proof status. Otherwise the courts would be full of employers defending themselves against things that never happened.

steampowered

Blatchford wrote: »

Yews I am aware of that fact. But that doesn't change the other fact that if the poster has submitted no evidence then their is nothing to support their allegation. People cannot make unsubstantiated allegations against employers regardless of the burden of proof status. Otherwise the courts would be full of employers defending themselves against things that never happened.

If the employer admitted in the ET3 that the employee was dismissed (regardless of the reason for that dismissal), and this is an unfair dismissal case, the burden of proof is on the employer to prove that the dismissal was fair.

If neither side submitted any evidence, in that scenario, the employee would win ...

In real life the Tribunal would just take oral evidence at the hearing notwithstanding the lack of witness statements.