Hi guys,

Would be grateful for some advice.

I have made a claim for unfair dismissal against my ex-employer as their restructure and redundancy was bogus. I am not here to dispute the validity of the redundancy but how the ET process works.

Case management orders have been made to which I have complied with but the respondent has not. They (their lawyers) have asked for a variation to the orders which have not been granted (to date). I objected to this when they requested it. They have not even adhered to their variation of the dates when they made an application to the ET which I made the ET of aware of.

I asked for documents which they dispute as irrelevant to which I requested an order for disclosure twice before eventually got one (I think it was granted on the application of my first request). They now want a case management hearing (because of a lack of "clarity") and want the hearing to run over several days (there would be cost implications here).

I objected to this on the grounds that they were aware of what I was alleging and are trying to buy time.

They now want a further extension so that they can exchange witness statements as they want the case management hearing first. I have given mine (naturally due to the case management orders) and have objected to their request again. For me all that is left now is the hearing (unless they are granted the case management hearing) and for the company to disclose the documents.

They seem very unwilling to give these documents and to be honest with you it would have been easier to give them and then argue about it in court.

What I would like to know is how can I get part if not all of their responses struck out - what do I need to do?

Its unfair that I have adhered to the orders and have spent so much time even to the extent that I am spending evenings and weekends working on my case.

They obviously know how the rules work and as I am representing myself, I am at a disadvantage. I have stated to the ET that they are being unreasonable. I'm personally getting fed up with whatever game they are playing.

Many thanks.

Apply to the tribunal to have the CMD Orders enforced. If the tribunal refuse to enforce this, then you can appeal the decision to refuse your application to the EAT.

Hi guys,

 

 

They now want a further extension so that they can exchange witness statements as they want the case management hearing first. I have given mine (naturally due to the case management orders) and have objected to their request again. For me all that is left now is the hearing (unless they are granted the case management hearing) and for the company to disclose the documents.

 

Surely you mean a Pre-Hearing Review (PHR)? A Case Management Discussion (CMD) is not a hearing and lasts no longer than a half a day or so.

Thanks for your replies.

It is not a PHR but a Case Management Hearing. The respondent has asked for this to "clarify" some of the issues.

Cheers.

Realistically, you are not going to be able to object to a CMD. There are clearly some issues that need to be resolved so a CMD is appropriate. It is very unlikely that you will be able to get their Defence struck out at this stage.

You should see the CMD as an opportunity. The Tribunal is not going to do anything just because the Respondent is being unreasonable. If you want the Tribunal to make further case management orders you need to ask for them. If you do not ask you will not get, and the CMD is the appropriate place to ask. Make an application for disclosure of the documents you are asking for to be heard at the CMD. Come prepared with reasons why the hearing does not need to take place a number of days (the length will largely depend on the number of witnesses). Suggest a new timetable together with an unless order that the Defence is struck out if the Respondent does not comply with the new timetable.

Ahead of the CMD send a copy of the new timetable you want to the ET and copy to the Respondent. Same with a copy of the disclosure order you are seeking. Accompany with a witness statement setting out the Respondent's non-compliance with orders to date and concisely explaining why you are asking for these orders.

Thanks for your response steampowered it is much appreciated.

Looks like you were right, despite my objections a CMD will be taking place.

I need to clarify that an order for disclosure has been previously granted and to date the respondent has not adhered to the case management orders.

I doubt the respondent will comply with the order for disclosure until after the CMD as they don't want to give some of the documents and will try to object to this.

Can I ask for the case to be struck off at the CMD?

You can apply for a PHR to have it struck out. However, delay in supplying documents would be unlikely to be considered an adequate reason. No reasonable prospect of success is the reason to quote.

Thanks for your response.

Reasons for striking out would be not adhering to the case management orders and order to disclose documents.

I guess in order to demonstrate their is no reasonable prospect of success I would have to rely on the above.

You will not get a strike out for that reason.

Has the time for complying with the disclosure order passed? Ask for an "unless order" exactly the same as the last order, but stating that "Unless Defendant discloses [documents] by [date] their defence be struck out".

Same for new case management order.

Date for original case management orders passed.I have given everything including witness statement.

Last date to comply with the disclosure order ending next week.

Date for CMD after this date.