Hi, I'm a newbie

I'm currently in the process of representing my self at Employment Tribunal.

My ex-employer has legal representation.

We are at the stage of agreeing the bundle and are due to exchange witness statements shortly.

In accordance with the case management orders the respondent is responsible for preparing the bundle.

Unfortunately despite many emails to the respondent's representative,

advising that they have omitted several documents from the bundle

(namely important emails/documents I need to rely on to prove my case),

they are still failing to add them.

I have already asked the court for an unless order previously as the respondent hasn't adhered to any case management orders.

I don't want to appear to be a pain in the bum by approaching the court again but I'm not sure what else I can do?

It is pretty clear that the respondent's representative is cherry picking what documents are in the bundle to favour the respondent.

I'd be very grateful if anyone is able to offer any advice.

Thanks in advance.

Write to them asking them to include the documents in the bundle, and that if they don't include them, you'll provide a supplemental bundle containing them, to assist in meeting the court's directions, but will claim your costs in having to do so..

Copy the letter to the tribunal, and keep a copy for yourself.

If needs be prepare the supplemental bundle, (again at least 3 copies, one for you, one for the other side and one for the court ; if the bundle isn't massive consider making more copies..... that way if the court say "haven't got it, been misfiled" you can say ""I have a spare, Sir/Madam". Even better is if the other side say "haven't got a copy", you say in the Tribunal "Ohh, here's the proof it was sent and signed for, but never mind, I can loan you a copy......."). Keep record of the time it took you to prepare, and any costs (copying, binders etc.) involved.

Are the documents concerned subject to discovery and disclosure? Did you ask for them and have you been provided with them or are they ones that you 'know' are in existence but the Respondent is denying that they are in their possession?

If you have the documents in your possession then as above, compile your own bundle

Write to them asking them to include the documents in the bundle, and that if they don't include them, you'll provide a supplemental bundle containing them, to assist in meeting the court's directions, but will claim your costs in having to do so..

Copy the letter to the tribunal, and keep a copy for yourself.

 

If needs be prepare the supplemental bundle, (again at least 3 copies, one for you, one for the other side and one for the court ; if the bundle isn't massive consider making more copies..... that way if the court say "haven't got it, been misfiled" you can say ""I have a spare, Sir/Madam". Even better is if the other side say "haven't got a copy", you say in the Tribunal "Ohh, here's the proof it was sent and signed for, but never mind, I can loan you a copy......."). Keep record of the time it took you to prepare, and any costs (copying, binders etc.) involved.

Thank you very much for your response.

I have wrote to them several times asking them to include the documents (which I have also resent to them several times just in case they misplaced them) in the bundle.

I wasn't aware that claiming costs was an option; do you have any further guidance on this? (I'm hoping it doesn't come to this but would like to know what to do in advance, just in case).

I will write to them again as you advised and copy in the tribunal; hopefully that will prompt them to add my documents, if not I'll prepare my own bundle (with copies).

Thanks again

Are the documents concerned subject to discovery and disclosure? Did you ask for them and have you been provided with them or are they ones that you 'know' are in existence but the Respondent is denying that they are in their possession?

 

If you have the documents in your possession then as above, compile your own bundle

Hi, thank you for your response.

The documents are all in my possession and I have sent electronic copies to the Respondent's solicitor several times. They are just cherry picking what documents to include.

I'm going to write to them again, copy to tribunal also, hopefully they'll include them so we can agree the bundle and complete witness statements.

They have already asked for a postponement, which has been refused. I think they are dragging their heels purposely (they haven't adhered to one Case Management Order with regards to time frames). It is frustrating but I just need to keep calm and allow the process and system to deal with them.

post a set to court, take several sets with you and explain.

Update and more advice needed .............. The Respondent has finally included my documents in the joint bundle, however a very important medical report has been tampered with and other than bringing this to the tribunal's attention I'm not sure what else to do? The Respondent's representative has deleted 2 important paragraphs from the medical report. This is not just an administrative error as these paragraphs spanned 2 pages and the paragraphs before and after are still in situ. Tribunal is in 3 weeks, as well as tampering with the medical report, the respondent is trying to delay the exchange of witness statements and now won't agree to a specific date and time. I guess this is just more stuff I need to bring to the tribunals attention? Thank you in advance for any advice.

Do you have your own copy of the medical report, RFR?

HB

Yes it's my medical report.

Same as previous : supplemental bundle, with a copy of the medical report (unedited).

Use highlighter to highlight the “missing 2 paragraphs”, (so it is obvious why you are having to provide a copy of what might otherwise appear to be the same).

Do the case management directions state “simultaneous exchange of witness statements by ”?

If so, does a copy also have to be filed with the tribunal?

If so, don’t miss the deadline even if the other side miss it themselves

Sure, they want the advantage of seeing your WS to try to craft theirs, but the Tribunal’s aren’t daft : if the Tribunal received their WS late, and sees they’ve “edited” your medical report - they’ll know exactly what they are up to and it will destroy their credibility.