Employment Tribunal looming and the respondent is dragging their heels... advice needed please!

[Wobbling_Wookie]

I am currently in the process of taking my employer to Tribunal for failure to make reasonable adjustments under the DDA. I suffer migraine and want to make up any time I have off, so a) I get paid, and b) any absence is not contacted toward disciplinary procedures.

Anyway, we’ve had a case management order, the hearing is on the 11th and 12th of next month and statements have to be exchanged by the 1st December, however, before either of those we have to agree and exchange a common bundle of documents, which was supposed to be done by today. I contacted my employer’s solicitors last Tuesday saying that I had a bundle of documents and should I post it to them so they could add anything they wanted and organise it. I had a reply on Wednesday saying that they needed to have their client’s advice on this matter first and they finally replied on Friday afternoon asking me to send them everything I had. I posted the bundle I had on Saturday morning, which they received (I’ve checked on the Royal Mail website) at 7.30 yesterday morning. Now as far as I can see I’ve done everything in my power to keep to the Case Management Order.

I waited all morning this morning, expecting to receive a bundle of documents in the post that I could look at and hopefully agree by the end of today.

At 2pm today I got an email saying that they had received my bundle and that they were now reviewing it. They would send me a list of all documents that were to be included in the bundle for me to agree.

They also advised that they would send a copy of the documents to my home address once the bundle had been agreed, despite previously being told to post everything to my work address as should it be sent to my home there will be no-one home to receive it and it would end up back at the sorting office.

I replied to their email stating that I would need to see all documents they wanted to add and also that I would want to see the complete bundle to ensure they had not removed anything I wanted to use in my case before agreeing it. I also stated that they have taken there time over the document bundle as I asked them on Tuesday last week how they wished to proceed and had they come back to me sooner this could have already been finalised. I stated that I felt that they were employing delaying tactics in not agreeing the bundle and that if they should send the document bundle to my home address, this would add further delay and as I had advised them to address it elsewhere I would also view this as a delaying tactic.

Obviously this has already happened, but I wanted to get other people’s views as to whether I’ve done the right thing. And I have a few questions:

· What would happen if they continue to drag their heels?

· What happens if they continue to drag their heels over the document bundle, I only have a week to finish the statements in support of my claim and I require the bundle to do this?

· Can I ask the tribunal to strike out their response?

Sorry for the long post, and thanks for any help/advice.

[inline66]

Hi

 

Did the CMO stipulate an exchange of documents (the bundle) on a particular date? If so it would appear to me that they have breached the CMO

 

I would consider the following.

 

Request a tribunal order to strike their case out for failing to comply with a Case Management Order

 

Request an order to delay the hearing because you have not had time to consider their documents prior to writing your statement

[Wobbling_Wookie]

Thanks for the response inline66.

 

Yes the order did state a day for exchange of documents which was today. As stated they contacted me to tell me they would send a list of documents they were going to include, not the actual documents, today and we could apparently agree the contents on the list! I responded that I wanted to see all the documents as I would not necessarily have copies of all those they wanted to include.

 

It's now quarter to six and I still don't even have their list, I'm only concerned due to the short timescale of a week between the documents being agreed and the statements being due, I was thinking along the same lines as applying to have their case struck out. Do you think I have any chance of this?

 

Thanks again

[inline66]

I would be very surprised if the represented respondent does not comply with the CMO order. Wait a day or so for it to appear in the post.

 

If they do not comply and you request a strike out order then in the first instance I would not expect the tribunal to strike their case out, but what I would expect is that the tribunal would give them another date with an "unless order" i.e unless they exchange documents by a certain date their case will be struck out without further notice.

 

I would imagine that you can write the bulk of your statement now and adjust it as necessary when the bundle is available

 

However, as I say, I would be very surprised if they do not comply with the CMO order

[Wobbling_Wookie]

Got most of my statement already done, just waiting for the documents so I can finish it off, also have a couple of other people who need to see the documents so they can complete their statements.

 

From everything I've had from them, their whole stance seems to be drag their heels as much as possible, and from what I understand from my Union representative it's fairly standard practice for my employer.

 

I work for one of the larger employer's in the country and to say their HR department don't know what they're doing is putting it politely!

 

Thanks

[Wobbling_Wookie]

Quick update on this, woke up this morning to find I had an email from my employer's solicitors last night at 11.45. I believe this is so they can tell the tribunal that I failed to adhere to the case management order as it's would appear that it's now my fault that the documents weren't agreed.

 

However, the bundle they sent me is 244 pages (in a PDF), I can't tell if all of my documents are there and I want a hard copy before I agree it. In addition it's not paginated, as according to the CMO it should have been, and here's the best bit, we were supposed to agree a bundle of 150 pages so as far as I can tell I can go to the tribunal and tell them that the employer is being difficult and has not adhered to the CMO. Am I correct in thinking this?

[duck1978]

I'm also taking my former employer to a tribunal.

 

They have missed 2 deadlines from the CMO

 

They had 1 on the 13th Nov to ammend an ET3

 

They also had to send me the bundle of docs by the 20th Nov for me to add my evidence. I would assume it would come special or recorded delivery and we have not recieved anything.

 

I have wrote to the tribunals office to let them know and my letter has been referred.

 

We have to send all the docs in our pocession by the 4th Dec (so a late night tonight) most of it has been done and some new evidence.

 

You always hope that it will get struck out but rarely happens.

 

Im unsure what I have to send, all I know it has to be tabbed so will be a fun night putting it together.

 

I was going to contact them to let them know that I have not recieved it but thought they would not contact me and just report me to the tribunal people.

 

Have you made any more progress?

 

I have sent my case files to a government body to see if they will represent me before I go hunting for a solicitor but its been tough but a big learning curve!

[Wobbling_Wookie]

I wrote to the tribunal and advised them what has happened, they have issued a case strike warning and the respondent has 7 days to sort out the bundle. However, we exchanged statements yesterday, I say yesterday, but there's arrived in my email at 2 minutes to midnight! Their's are unsigned, so I don't really want to start working on them in case they amend them. Had to contact the Tribunal again today as the Case Management Order restricted them to 6000 words for all statements, may seem pedantic but they had gone up to 10,500. I was told to write to the tribunal as they wouldn't be happy if they got presented with that on the day of the tribunal, so you never know, if they keep this up they may get struck out!

 

Hope all goes well and good luck! Wish mine was my ex-employer, would make my life so much easier! I currently have to go into work and sit 5 metres from my manager who's one of their key witnesses, that's not uncomfortable!

[duck1978]

Ouch that is uncomfortable.

 

I have been out of work since April because of them and have struggled to find work. My partner just started a month or so ago but had to take a massive pay drop.

 

Big corps get away with murder, had you missed a deadline they would go for a strike out over and over again.

 

Its been a headache and I have some statements unsigned that I need to send them but will get them signed by the next deadline as the person lives quite far. We were relying on their bundle to give us an insight to what we were fighting for. Will write them a nice letter saying i have not recieved anything. The tribunal people are not that interested, they cant even confirm if they had any docs or anything which is weird.

 

Hoepfully get my **** in on time and hope that gives them an insight. Final docs have to be in by the 15th.

 

Need a good solicitor soon too someone who is not scared to take them on.

 

Good luck with yours and it is a cat and mouse game more than anything. Have ACAS got involved or fo they not as you are still there? They have been okay too but most of them are off with stress!

[Wobbling_Wookie]

I had one letter from ACAS saying they'd be in contact... guess what, no contact! lol

 

I'm surprised the Tribunal haven't been able to help you, my local office has been really helpful with asking to get their case struck out and have been almost as ****ed off about it all as me!

 

May not be working there after tomorrow as they're currently disciplining me for the same problem I'm taking them to Tribunal for and got a results meeting tomorrow, to me that seems a bit stupid as it's less than two weeks to the Tribunal. Hey hum, I hope they give me the boot, then they open up a massive can of worms!

 

I've been advised by a number of solicitors to just do the whole thing myself as it's an open and shut case at least that gives me confidence.

[Wobbling_Wookie]

Got a copy of the letter the Tribunal sent to the respondent's solicitors today. They have been told that the Judge is seriously considering throwing their response out, they have until Tuesday next week to provide a reasonable excuse as to why they have not complied with the Case Management Order. Woohoo, let's hope they can't come up with an excuse the Judge thinks is reasonable... Also I'm betting, having spoken to someone at the Tribunal service yesterday, that the Judge won't like what they've done with the statements in addition to farting around with the bundle!

[Wobbling_Wookie]

Oh an currently on a short recess in the disciplinary hearing whilst the manager makes a decision as to whether I'm sacked or not

[inline66]

Yes, having completed my own tribunal case, the page numbering on the bundle is very important.

 

I suugest you referece page numbers from the bundle in your statement where applicable. Then when you read you statement and come to a page number, stop, go to the page inthe bundle, and read the page from the bundle. Do not assume that the Tribunal know your case like you do

[Wobbling_Wookie]

That's the intention, though now I'll have to do that after the statements have been exchanged... well at least my statements as they have to amend theirs!

[andie_303]

How did it go today WW?

[Wobbling_Wookie]

We reconvened the disciplinary hearing earlier, and now waiting... and waiting (2 hours so far) to find out the decision.

 

The biggest stupidity about this whole thing, is they have no excuse for the way they've treated me, apart from what I've asked them to do to resolve all the issues is "not policy"! You wouldn't believe what a**eholes these people can be, and this from one of the largest employers in the country! Was going to give a hint as to who it is, but it would be far too obvious... oh sod it, they've recently been bailed out by the government!

[duck1978]

Where did you find out how to prepare your bundle? Its interesting as Im in the process.

 

Sent all my docs over to there solicitor today, wrote another letter to the tribunal and told them that I'm sending my stuff over incomplete as I have not recieved anything from there party. I put mine a lever arch file with tabbed indexes (think that right)

 

Got a meeting today and tomorrow with some solicitors to see if they want to take the case on, hopefully they will. Iv come this far with little help and its only a bit more. Cant believe there are not many support groups in place to help people like us and the CAB never answer their phones!

 

WW have you had anything? Acas took ages to get in touch with me but now I speak to the ACAS rep once a week and she is okay trying to be impartial is hard. Sometimes you have to chase them to get them to do something, I knew I had to.

 

Which part of the country are you from, god you might be local if its who Im thinking off!

[duck1978]

Also spoke to the tribunal people today quite helpful. They could not locate my file as it was not on there system to say where it was. Some said it was with the judge and other dont know. So have to wait and see what happens with that. Hope the f*****s get struck out as it will hit em hard. My statement of losses looked well nice and hopefully have enough evidence to make them think twice now. Worst case scenario, il go to press on them and do a 100 more times damage to their organisation to what they should have to settle with!

[Wobbling_Wookie]

Just been dismissed, so I'll appeal that and then probably take them for unlawful dismissal, should be interesting, especially if the reasonable adjustment is agreed by the Tribunal!

[duck1978]

Sorry to hear mate, its a shock when it happens but I think you were prepared for that, I have been to see a solicitor today and have an appointment monday and discuss representation as they will try to indate me with paperwork. When is your tribunal date and would you be able to claim unfair dismissal on this claim or would you have to file a new one?