Unfair Dismissal

00five · 16 June 2019 at 10:55PM

I was made redundant from my employer and I believe that I was made unfairly dismissed. In summary, I have followed the process and lodged a claim with the ET. They have given me a date for a final hearing. The tribunal as part of the case management orders have requested the respondent (ex employer's solicitor) to prepare the bundle. The issue I am having is that the respondent is choosing only what they want to be included in the bundle. They are suggesting the documents that I request are not relevant to the case and deciding on my behalf what goes in there. Any advice on how best to get about this will be greatly appreciated. Thank you

tacpot12 · 17 June 2019 at 8:41AM

The link below gives some advice about how to manage this situation, but I think I would write to the solicitor and explain why the documents are relevant to your case. If they don't agree with you, the only forum to debate this in is the tribunal. Make your letter part of your bundle and be ready to explain at the tribunal what documents the employer has that they did not include, and how these help your case.

https://www.pureemploymentlaw.co.uk/employment-tribunal-disclosure-whats-in-and-whats-out/

00five · 17 June 2019 at 9:05PM

Thank you tacpot12.
I very much doubt they will agree to include these letters/emails part of the bundle either. I guess I will have to include these in my own bundles for the hearing.
Another thing is that they want to combine my case with a colleague of mines who has been given a preliminary due to a discrimination issue in addition to the unfair dismissal. They have requested from the tribunal to combine my claim with the other and have a preliminary hearing. I have refused on the basis that I have been given a final hearing and do not want to have a preliminary hearing. However, their solicitors are adamant and continuously writing to the tribunal wanting for both to be joined and heard at a preliminary hearing to reduce their costs and tribunal hearing. Pls advice. Thanks

00five · 19 June 2019 at 8:00PM

Pls assist if possible. Thanks

Brynsam · 19 June 2019 at 8:31PM

00five wrote: »

However, their solicitors are adamant and continuously writing to the tribunal wanting for both to be joined and heard at a preliminary hearing to reduce their costs and tribunal hearing. Pls advice. Thanks

The only 'advice' is that if you've made your representations there is nothing more you can do. It isn't your decision or your former employer's decision: one for the tribunal to decide.

00five · 19 June 2019 at 8:56PM

Thank you. The tone of their letters is almost like they are deciding and writing on behalf of the tribunal :-)

Can they decide for me which documents should not go into the bundle on the basis that they don't think it's relevant? Do I have to justify or give an explanation as to why I need certain documents included in the Document List?

Tahlullah · 19 June 2019 at 9:09PM

Probably of no help but when I had a similar problem, I wrote to the solicitor informing them that I would go to the hearing and request an adjournment based on the fact that the bundle doesn't include documents which I deemed relevant to my case. I also informed them that although I was not their client, I believed they owed a duty of professional behaviour and that I would be writing to the SRA or the Legal Ombudsman about their behaviour, whichever one was most appropriate. I was a litigant in person, so the court will always ensure that I get a fair hearing in the circumstance and would you if you let them know what is happening.

I got a really grovelling letter back.

tacpot12 · 19 June 2019 at 9:16PM

They can decide what goes into their bundle. You decide what goes in yours. You exchange bundles before the tribunal date, so both parties know what evidence they are facing.

You absolutely need to justify why certain documents should be included if the other party doesn't think they are relevant. You make you case, if they disagree, you make the same justification to the tribunal. If the tribunal agrees, they will order the employer to produce the papers. Be aware that the tribunal may decide that the point to which any missing papers relate are minor, and they may not force the employer to disclose these papers if they think that it will not alter the outcome of the case.

The preliminary hearing would be the best place to make your case to have papers that the employer doesn't want to produce included in their bundle.

This link explains the purpose of a preliminary hearing and offers some advice:

https://www.truthlegal.com/knowledge-centre/preliminary-hearing/

Tahlullah · 19 June 2019 at 9:27PM

Is this a preliminary hearing Or is the next hearing the final hearing?
And does the directions instruct the employers solicitor to produce a joint bundle? If so, I would still argue that they are failing to allow you to include information that you believe to be relevant.

Being a litigant in person allows you to ask questions and to do things that the other party cannot. There is an expectation that the other party will behave appropriately and not try to block your case.

It is for the Tribunal to decide what is relevant and what is not. Which is why you should argue that you have the right to have your documents that you intend to rely on in the bundle and their failure to include them will lead to you requesting an adjournment on these grounds.

00five · 19 June 2019 at 9:30PM

Thanks. The reason they want a preliminary hearing is because they have not complied by the case management orders (CMO) and they want the dates to be rescheduled again at the preliminary hearing. They also want the case postponed and by rescheduling the process they are aiming at delaying this as much as possible, in the hope that either myself or my colleague will give up I believe.

If I were to take legal advice, this would incur more money and time from my side. I just want this done and dusted ASAP without having to delay my final hearing.

00five · 19 June 2019 at 9:33PM

Tahlullah wrote: »

Is this a preliminary hearing Or is the next hearing the final hearing?
And does the directions instruct the employers solicitor to produce a joint bundle? If so, I would still argue that they are failing to allow you to include information that you believe to be relevant.

.

I have been given a "Final" hearing and my colleague has been given a "Preliminary" hearing. They want my case to be merged with my colleagues Preliminary hearing.

Unfair Dismissal

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