Hey rebel11, greendollar, Roblynmouth and others - First and foremost, Happy New Year, as it has been awhile. I wanted to provide a quick update on the case I had hitherto brought to the CAG. I was finally contacted by the Respondent's Solicitor (following a 7th missed deadline for Document Disclosure) who was yet again resistant to (1) giving me the final set of documents I requested, (2) agreeing that the documents I provided him be included in the Bundle, claiming again they were not "relevant" (even though I had taken the advice of another poster here and advised them that the question about relevance is for me to prove, not them), and (3) confirming a process for me to examine the original documents they have in their possession, though I have asked 3 times now. And to top it off, they told me basically (not verbatim) that if I didn't like their, that I could go prepare my own Bundle. This seems to run counter to the Tribunal's Disclosure Order, which specifically instructed that the Respondent be responsible for the Bundle. Also, I thought that it was my legal right to request an opportunity to review original documents, so I am very upset about their refusal to provide me that opportunity. Needless to say, not the response I hoped for, but c'est la vie, it is what it is. So, following rebel11's advice, I prepared my message to the Tribunal Chairman to request inclusion of my disputed documents, as well as to request a CMD to raise my concerns. Is there any specific Agenda of what can be requested during a CMD? Also, is there anyone who would be willing to give it a perusal, just to let me know. I'd post it here, but am afraid that if perchance the Respondent's solicitor frequents this forum, they might be able to decipher who I am. So, if someone would contact me directly, I'd be most appreciative. Meanwhile, I've also been desperately trying to ring someone at the Tribunal, however, I have had no luck. I know they are back-logged, but I have made 25 attempts to call the Tribunal in the past 6 weeks, and not once did anyone answer! This morning, the phone rang 38 times before I hung it up! I have also contacted the Tribunal via email, only to receive no reply (other than an automated confirmation). I'll continue reaching out to them, but my hope is withering somewhat. Many thanks for all your help, and hope you'll bear with me just a bit longer. Your assistance is most appreciated. Cheers & Regards, Emm :oops:

Hey greendollar - Wow, you really have been through the mill with your case! I just cannot believe how much money these companies will waste spinning in the wind instead of simply coming to the table to finish it. Talk about reputational risk! Plus, the bank I worked for - their solicitor is so, so, so condescending to me. I do not know if it is because I'm a woman, because he thinks my case has no merits, or because he thinks I lack the willpower. However, even if it is all of them, he's in for a rude awakening!! I know in my heart that my case is good ... I appreciate your motivational comments. It strikes me that many people on this board have been down this road before, so I suspect little about my case comes as a surprise, and I appreciate the good advice on tactics W.r.t. the CMD, is that something the Tribunal requested, or (as another poster suggested) did you request it yourself in writing to the Tribunal Chairman? And if so, did it take long to hold that discussion? The weather in London has really wreaked havoc with the Tribunal schedule, so I expect more delays on my case (but only running 1.5 years now, not 2.5 like you!). Out of curiosity, how long was your trial originally scheduled to be? And, about how long was your Bundle? I feel like the attorney is intentionally taking messages (and copies of messages, and copies of entire email chains) and including them all on purpose to make the Bundle look overly onerous and unappealing to the Tribunal. Thanks for all the advice, cheers! Emma p

Hey greendollar and Roblynmouth - Happy Christmas! And thanks for speaking up, you've given me some good suggestions. I think my strategy is going to be fourfold now, including contacting the Solicitor, the Tribunal Chairman, the CAB, and then trying to move this up the pitch. I will likely post by Draft letter for the Chairman here as I mentioned before, so I hope you might provide comments if you have the time. Really, I felt quite lost and helpless recently, feeling at the mercy of the Respondent and their solicitors. You have all given me renewed hope in this matter, and I'm really in your debt. Thank you so very much. I wish you all the Happiest of New Years and please keep the recommendations coming. Regards Emma P

Hey HB Thanks for the note. I think I had called them once early last year, but it hadn't looked promising. I should follow-up with them again anyway. I hope to have some time today to work on the Tribunal Chairman letter. Everyone on CAG has been so helpful so far, I really appreciate it Thanks again all! EmmaP

@Colin813 Thanks again for the note. Don't stay up late on my account! I did meet with a no win, no fee solicitor, but I don't think he was taking me very seriously. My insurance doesn't cover the legal advise question though, and I don't really have the extra quid to invest, so I'd prefer to try my best. Thanks for the privilege background. So, what f the solicitor sent me a raft of internal communications between the Respondent's HR and legal departments that demonstrate they knew they had broken the law, and only after I questioned them on this, he invoked privilege. Has privilege been lost? As I understand, privilege is inviolate but does not cover communications which demonstrate knowledge of illegal activities. Could I take those documents to the Tribunal and ask them to weigh in on whether privilege has been lost? Especially since, in the meantime, the Respondent has made untrue statements to the ET itself and the Information Commissioner's Office (ICO), and those emails demonstrate they knew they are being misleading. Many thanks, and good evening, Emma P

Hey Colin813 At this point I think my plan is to follow your advice with a phone call, simultaneously prepare the letter to the Tribunal Chairman, and then inform the Respondent's rep that I'll be creating a separate Bundle owing to the impasse they have created. No, have not had a CMD yet, and am wondering if I should request one at this stage to discuss? Is there any special format that requesting letter should look like? Perhaps I could do as rebel11 and include the CMD request in the same letter to the Tribunal Chairman asking for the documents to be admitted? Do you (or others) think it makes sense? Appreciate the advice, many thanks. You also don't happen to know anything about legal privilege too, do you? Thanks again, Emma p 8-)

Evening Rebel Thanks, maybe he/she'll see this thread and drop me a line/reply. Regs Emma P

To the CAG team, @Colin813, thanks for the advice. I'll definitely give them a ring in parallel to working up a contingency request to the Chairman; good to have a few options. Back to honeybee13's point, the ET must think there's something to my case as they've estimated a 4-day hearing, which some associates advise is unusual. So, getting this right is going to be critical to success! @rebel11, I appreciate your offer and will likely take you up on it. However, as a newbie, I'm not certain I understand what "Sidewinder" is. Is that a handle for a CAG user, or something else? Thanks again all, Emma P

Hey rebel11 Thanks so much for your help, you are tops in my book! I'll get working on a letter and come back to the group if I have any follow up questions. I just want to do a bit more work on the draft before bothering anyone on CAG any further this evening. I see one already over how to include some explosive internal emails they sent me inadvertently (and later tried to invoke privilege on when I drew their attention to their mistake almost a week later). If I posted draft language (scrubbed of specifics, names), would you give a quick perusal? Thanks so much again everyone, Emm P

Hey rebel11 Cheers for that, very helpful! So I understand, do I include with that letter paper copies of the documents themselves, properly labeled? Should I also CC a copy to the Respondent's solicitor (like under Rule 11 for the disclosure order request, or a different rule)? And, what happens if the solicitor objects? Will they then send a notice to the Chairman as well objecting? Cheers! EP

Hey rebel11! Thanks so much for your help and insights. W.r.t. asking the Tribunal Chairman, would that be a letter to the Regional Secretary? And would I also send the Chairman copies of those documents as well? I think if I asked the solicitor to send them that (in addition to another condescending email), I'd get stiff resistance to that request. I have been trying my best to look online, but have not found any examples or anything so uncertain how that kind or request to the Chairman would be structured. Does it make sense also to request a CMD? I have seen some posters on CAG who went that route too, so perhaps that would be sensible too? Sorry for all the questions. I really appreciate your patience and assistance Happy Holidays to you as well! Regards, emma p

Hey HB Thanks so much for the swift response! This has really, really been a harrowing experience and I truly appreciate any help you and others can offer! I used to work for a City bank and in the end, for the ET, they actually wound up engaging a national firm who has been running things. But, as I said, I feel because they have been putting the Bundle together, they are unfairly putting me at a disadvantage. Whenever I insist that any documents which implicate their clients be included, I get a multiple email run-around which ultimately results in a "We are of the view it is not relevant." I thought that was what I need to establish in the trial?! Of course, I know that is the last thing they want. I have also before tried to seek an order for specific disclosure from the ET itself, and that was infuriating as well since the Respondent simply claimed that I had not demonstrated relevance, even though I had multiple times! I just don't know where to go from here is all. It is absolutely maddening! Any thoughts would be so greatly appreciated. Thanks so much, Happy Christmas too, Emma P

Experts of CAG, I hope you can assist ... I'm embroiled in a ET claim against a former employer for unfair dismissal. But, I'm encountering significant resistance from the Respondent's representatives. Their solicitors were ordered by the ET to prepare the Bundle. However every piece of incriminating evidence I have against their client that I want included, they challenge the relevance over. Even after I explain the relevance, they still reject the explanations and refuse to include them. Plus, their male solicitor has been incredibly condescending to me as well, making me feel a proper fool almost every step of the way! Even though, I *KNOW* I have a strong case, and I think tat is why he is giving me such a hard time and pushing back. As the Claimant, I am 100% positive these documents are relevant and critical to my case!! I think their solicitor is intentionally dragging this out, wasting my time and trying to bully me. I really have few options now, and I thought I'd come to the good people of CAG for some help. I know there are some very smart people on here who might, in the interest of the holidays, help me out. I really will be grateful for any, any, ANY time you can offer! It the solicitor and I cannot agree on the Bundle, what recourse do I have? Can I take over responsibility for putting the Bundle together myself, so I will be in control? The ET Order stipulated the Respondent should put it together since it appeared they had most of the original documents. Over time, however, that has not been true; I actually wound up being in possession of most of the original documents. If I did that, other than costs, what other risks are there? Will their solicitor be ale to make demands of me now in an attempt to start driving up my costs? I think most of the documents have already been exchanged - disclosure has been ongoing since 12/09 - so I think we're at the end. I just want to ensure the documents I want are included. Should I apply to the ET for a Case Management Discussion (CMD) to have the Tribunal decide what should go in or not? What would that request look like? Lastly, if I have been sent documents which the solicitor later claimed were covered by privilege, but I feel that these documents demonstrate that the Respondent is intentionally violating the law, how can I get those considered for inclusion by the ET? I would be eternally grateful to anyone out there who could assist this poor woman in distress!! Happy Christmas and Holdiays to you all, and thank you, thank you, thank you for whatever hep you can provide! Ever Yours, Emma P