Hi there, this is my first thread. I have read a lot of the information posted and found it to be very helpful. Hoping someone may be able to clarify this question for me. I have a CMD tele/conference call scheduled with Respondent who is my former employer and the ET Judge. The Tribunal date is only weeks away. This came about after Respondent decided they wished to change already disclosed documents and witness statements. The date for disclosure was over a month ago and the date for the witness statements to be exchanged had also passed. We were at the stage of agreeing bundles. Now Respondent wants to disregard their disclosed statements and witness statements and prepare new ones? I believe this has come about after reading my documents. Surely this cannot be allowed. The Respondent also wants the Tribunal date postponed. Has anyone had experience of this and if so am I within my rights to object to their request to change disclosed documents and what can I expect during the CMD. Any help and info much appreciated.

Hello there and welcome to the forum.

I'm not an ET expert, but I'm sure the guys will be along when they can.

I believe the ET offices are very helpful if you want to go in or phone them about this problem. It might be worth a phone call.

My best, HB

Hi

Am I right in reading that witness statements have already been exchanged?

If so then how was this done /possible without having sight of the trial bundle? which from my understanding has not been compiled yet.

On a final note, you can certainly raise any objections to the ET in writing [preferable]or during the CMD/Conference [you must be prepared to give good reasons for your objections]

We were given dates to follow. Disclosure by certain date, witness statements certain date, bundles to be agreed now. Witness statements are not part of the bundle. I am struggling to understand why I should have to have good reasons for objecting to them not following the orders.

Firstly, I know witness statements are not part of the bundle but the point you are missing is that witness statments refer to documents in the `Paginated bundle`therefore i fail to see how a witness statement can be completed without this information.[the bundle]

Secondly the reason for you to have a `good reason`[argument] for objecting is that the respondents will also have their own `good reasons `to persuade the ET to allow them to have their way, and why they have not followed ETorders.

So be prepared.

Hi, thank you for your reply.

What about the already disclosed documents. Not statements. Surely they cannot also be changed retrospectively. They want to change everything and resubmit since they have had sight of my evidence?

Thanks again

You need to argue that point with the ET.[already disclosed points]

I suggest that you google :Employment Tribunal [constitution & rules of procedure]

and look at section 3-Overiding objectives schedules 1 to 5.

These are the rules that Et`s are governed by.

So base your argument around the above mentioned legislation.

Hi there, thank you so much for your help. I shall look into this now and make sure I am fully familiar with it ahead of the CMD. Hopefully I will be able to update this thread with a positive outcome shortly. Shall be able to get a good nights sleep now.

Good man .....you sleep tight now!!!

Hi again,

Well after the hassle of the CMD discussion which the judge threw out the tribunal went ahead. After a very arduous day the decision was unanimous - I won my case. I was awarded compensation. I received the Judgement about four weeks later. The respondent was supposed to pay me the difference between the award and the prescribed element immediately. Guess what, they refuse to pay. They say there are going to appeal the decision. I am going to enforce the judgement. They only have a couple more days till the calculation day. Then I will have to fast track the enforcement scheme. My question is how to I find out if I am entitled to anything from the Recoupment Notice from the Secretary of State or do the courts sort all this out. Also is this a successful way to get this matter resolved. Many thanks

Hello there. Well done for what you've achieved! I'm sorry, I don't know how you go about getting the money, hope someone who does will turn up shortly.

My best, HB

Hi Salisbury 24, I have read your thread above about how you won your Employment tribunal. I was wondering if you could give me any pointers, I am currently floundering a bit and any advice as to how to prepare my ET case would be great.