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I am currently taking my ex-employer to an ET on grounds of unfair dismissal after finding my job advertised less than 3 months after being made redundant.

 

Some time ago, we were both issued with a case management order requiring document lists within 21 days (as per usual)

 

I complied via Royal Mail first class on day 19. The employers solicitors have responded via email 7 days beyond the 21 day limit, together with a request for copies of some of my documents. They have obviously not bothered responding to the case management order until my letter/list prompted them.

 

Two questions

 

1) Can I have their documents refused admission for being out of time? Or indeed have any defence struck out all together? If so, how do I do this.

 

2) Do I have to send them copies of documents I hold as their request is out of time (the case management order said within 5 days). If so do I simply not reply (although there are a couple of documents of theirs I wouldn't mind seeing)

 

I guess that this is a question about just how rigid the time-scales are and whether the ET allow them to be bent significantly

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Hi Pat,

 

I think you need to decide what you would gain by not responding to their request, especially as there are some documents of theirs you would like to see. Perhaps a sprat to catch a mackerel?

 

Solicitors frequently push the timescales as they know they will get away with it if it's not too far out.

 

What are they using as a defence to their advertising your job? business upturn by any chance?

 

Ell

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What are they using as a defence to their advertising your job? business upturn by any chance?

 

Ell

 

No, they are claiming that the advert was a mistake by the recruitment agency.

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No, they are claiming that the advert was a mistake by the recruitment agency.

 

Crikey that's a new one! do you know if they actually interviewed or received any CV's from the agency.

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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No harm in trying to have it struck out if you think it will benefit you.

  • Haha 1

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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