Tribunal deadline of documents aimed to be used in the court...questions

Luvly.cuppa.T

Me again.

I have a deadline coming up soon to send the documents I aim to be using on the day of the hearing.

Now, what I want to know is:
a) should I cautiously send everything in, to leave no stone unturned?
b) document why I have put certain documents forward?
c) ask company for certain documents that I do not have and they might?

My hearing is not until May, so if I discover something after the deadline, or revise what I need and find that it is missing should I still send them over? Or will I be penalised?

I have heard that oppositions tend to reveal documents last moment, so the claimant is unaware and at a bit of a loss- is this allowed to occur?

Should I also ask for any documents regarding my employment (ie request my full file from the company, company proceedures etc) and should I request it under the FOIA, or as part of my tribunal requirements (and therefore free)?? Should I ask after the deadline, or before? Does this matter?

I also wonder is I should ask company for any legal documents such as contracts? I never received anything at all in this way in my employment there, (And I know that there is definately none) but if I ask for it, will it be assumed that I am trying to fathom if they have and am trying to cover my own backside??? (ie Will it be misconstrued that I am lying?)

I ask as these kinds of questions seems to pop up, ie 'why would you ask for a copy of contracts when you state that you never had one? thing is I don't trust the company at all (through all my experience with them) and I am concerned that they may try to swindle something last minute. If I ask at an early stage and they have nothing in return, then am I on a better footing?

Luvly.cuppa.T

Hi all, thought I would update you on what I found out regarding my questions. Ya never know, may be handy to someone on here.
Also a wee question on how to find relevant case law - please if anyone knows I will be delighted if they could tell me how, or where to start!

So, all documents to be sent by deadline. Anything after this, one needs to write to the chairman stating why they are late.
Documents that you know that do NOT exist should not be requested for- it may look bad on you for doing so!
Documents that you do not possess should be asked for in writing to the opposition and if they fail to produce them, then you write to the courts to get an order (of disclosure- I think it's called).
Any case law comes under documents and should be sent in by the deadline too.

People do try and get away with producing documents on the court day, that have not been submitted in the bundle. This can be contested and the opposition should always speak up regarding not having the privledge of seeing it before hand and having time to prepare for it. Basically speak up is the key here.

I didn't find out if you have to explain about the documents you are submitting. I guess that comes on the day?

bkclive

Hello again. As a matter of interest, is it a tribunal or court case you are having to attend? There is a different approach/process to each one, and different rules. Have you been to Citizens Advice or anything similar? They are very helpful and can guide you through what can be a tricky path.
Also, you can fight this with someone at your side, so you don't have to be on your own; if you have someone that you know is good at putting things into words they can be invaluable.
As for case law, when I appealed against a Job Centre decision not to let my wife claim unemployment benefit I found all the relevant case law in the local university library. I can't remember the actual book, but there is one that listed the various categories and which case law applied. BTW, if you have notice of the case law your company is relying on look it up and see if it can be discounted in this instance, so if they use Fred Smith Ltd vs Jones to show that employees could be dismissed without reason, and the details of the case reveal that Jones was employed as a casual worker with a clause in his contract, then clearly this would not apply to a full-time permanent employee dismissed without reason.

Buggins

Hi Lovely.Cuppa.T
Think we might be in the same position - i.e. hearing coming up except mine is in March!! Do you know if you have to submit a Schedule of Loss? I understood from ACAS that it was not a good thing to do as it summarises the amount you are looking for as compensation and, if you did not submit one, then the Hearing would have to decide. However the "other side" have now said that this must be forthcoming prior to Hearing. Any views on this? The whole thing is a nightmare for the uninitiated....
Thanx

Buggins

Hi Luvley.cuppa.T
Are you out there?
Buggins

Luvly.cuppa.T

*runs in* here I am!

First off BKClive: I am attending an employment tribunal, and that's great to know that you can have 'anyone?' by my side. All throughout the hearing? and can they speak on my behalf?
You know what- I am at uni and it completely passed me for a while that there are a wealth of journals and books in the library that I can use. So great minds think alike eh? (Except mine was a bit slower) I got one book to start with for tonight.
Guess I will do my best with my deadline, and see what I can rustle up asap.
Thanks for the tip on looking up the oppostions caselaw. I will certainly do that when it arrives!

Buggins- hello!
I was given a list of deadlines to follow, my first one being a schedule of loss. So yes, I sat down and worked out every penny from every corner possible and wacked it all down in a - what looks like to me anyhow- a lovely professional document.

It did take me a good while to compile, as particularly I had to find everything that I needed to include that I may have been unaware of, in addition work out all my hours, the difference in unequal pay, missed payments, average of payments lost through suspension (as they only went on the hours I worked in the last few weeks of non-suspended employement) and interest on top.

Where I wasn't sure on the amount, ie compensation I put 'as the court sees fit', as I really have no idea what to expect. And I really don't care to be honest! Also where the amount was unknown at that point, ie money for photocopying/printing I put unknown at this time.

I still put down a grand total and noted it as 'on known figures' or something to that effect.

I don't know of anything as to why the schedule of loss would be negative to you. In fact it may be beneficial as an offer may be made prior to the hearing based on this. Of course you don't have to accept it.

If you are fighting an unfair dismissal, or constructive, or wrongful dismissal, or anything along those lines, then I would advise that you also put in a 'loss of statutory rights', which amounts to the region of £250-£300- from what I could find.
This basically means that you have lost the right to claim unfair dismissal in a new job as you have to work a further year before you can claim it again- should you ever need to!!

Just shout if you need any help with it.

PS. Yes it is a crazy world to be in , if you haven't done it before! I know exactly how you feel. I have stressed immensely as I feel way in over my head. It is so time consuming as well as you are having to start from scratch, whereas solicitors and representatives usually come with many years of training beforehand. They usually have other staff to do all the typing, fishing out documents, photocopying etc etc. How can one ever compare to that I wonder?
Any quibbles with me not meeting deadlines (I have met them so far) I will throw that at them. I already do no less than 70 hours a week with uni, in addition to being a mum of 3!!!
I am superwoman only to a point where time allows!!!

Buggins

Hi Luvly.cuppa.T
Many thanks for your reply which is really helpful. I haven't been given a list of deadlines to follow only a booklet "The Hearing" - think I had better phone them next week to see exactly what is needed. I'm desperately putting my bundle of documents together at the moment - luckily I'm a hoarder so have got some ammunition! If you don't mind perhaps I can pm you if anything else crops up
Thanks again
Buggins

Luvly.cuppa.T

Sure, no worries.

I am off to do my reading and getting the other bunch of documents photocopied now. Just wish my photocopier was a bit faster than it is...