Impending unfair dismissal hearing

[louise80]

Hi all i was wondering if anyone would be able to help me. I have a date for my tribunal hearing and there are a few things im not sure of, it says a single bundle of documents is to be agreed? who is this to be agreed between and if its the respondentds do i have to ring them? also witnesses basically i was transferred last aug to a company under tupe in oct they lost the contract then sent me a letter saying i know longer had a job this was done very underhandedly as i handed keys over for my supervisor to cover me whilst i was on hol on the friday eve then sat morning received letter saying i was out of job so i basically have no witnesses but the letter i put in i have sent will they be referred to as " documents which will be cross examined" as the letters show i have been continually asking who the new contractor is :0( also i know how to work out my losses but unseure of how to work out compensation for losing my job and do i have to add future losses when working out my losses altogether any help would be greatly apprecieated sorry if it sounds long winded many thanks x

[elpulpo]

Employment Tribunal Claims: Tactics and Precedents

Have a look at this site, Louise. There's a great deal of useful information here, both about bundles and statements of loss.

[Fyffesy]

Hi all i was wondering if anyone would be able to help me. I have a date for my tribunal hearing and there are a few things im not sure of, it says a single bundle of documents is to be agreed? who is this to be agreed between and if its the respondentds do i have to ring them?

 

I've recently been through a tribunal and I was also not sure about the order saying the bundle has to be agreed. Personally I wrote to the ex employer and included a copy of the bundle with a cover note saying something along the lines of "please find enclosed my proposed bundle for the pending hearing. I would appreciate confirmation of your acceptance that all relevant documentation is included".

 

In my case the ex employer ignored this letter but I felt it was important to at least be seen to be trying to get a bundle agreed between both parties because we were ordered to do so in advance by an Employment Tribunal Judge. Covering my own backside basically.

 

If your ex employer refuses to cooperate then the reality is that at the Hearing both yours and your ex employer's bundles will be used. I think it's just wishful thinking that a bundle will be agreed by both parties in advance really.

Edited March 7, 2010 by Fyffesy

[louise80]

thank you very much for your replys i will have a look at that website now xxx

[madari]

What you do is basically write to your ex employers solicitors ,enclosing all the relevant documents that are in your possession.

 

Make sure that you keep a copy of them.

 

Tell the solicitors in your letter that the documents accompanying your letter are the documents that you wish to be included in the `Final agreed bundle`and also ask them to supply you with a list and /or documents that they wish to be included in the `agreed bundle`

 

Also in your letter give them a time limit (14 days) to disclose a list or the documents that they wish to include. or you will ask the tribunal for the same.

 

I suggest that before you write to them phone them and ask them if they will prepare the `final agreed bundle `for both parties, as they have all the resourses, and also to save costs.

 

I know they will agree to prepare the bundle as there has to be six sets,three for the Tribunal ,one for each parties and one for any witnesses.

 

Good luck....

Edited March 8, 2010 by madari

[louise80]

Thanks madari that advice has helped alot i was stuck.

 

When it comes to my statemnt i have to put how much for future losses and compensation i dont know ?? so i was going to put a years salary for future losses and 2 years salary for compensation as i had not seen myself giving my job up for the forseable future due to having 3 small children and tonnes of bills to pay is this reasonable or shall i put less do you think anyones opinion grately received im just not sure x

[madari]

If you are happy with what you want then go for it but also claim for loss of statutory rights and loss of pension/benefits Etc.

 

You also have to show the tribunal your efforts to mitigate your losses, in other words show the tribunal that you have been looking for work since losing your job.

 

Good luck...

[louise80]

hi madari thanks again for reply yes i got loss of statutory rights in aswell 250 someone told me it was so trying to now write my statement will keep updating x

[madari]

Hi Louise,

 

How are you going to do the statement properly without the bundle? let me know.

[louise80]

hi madari sorry was geting confused in last post i meant i gonna write up a letter with my proposed bundle asking respondents to include in final bundle and ask if they are going to prepare the final bundle just not very good at writing letters so here goes lol x

[louise80]

right i think i have all relevant documets together for bundle with a letter i think sound ok :-

 

with this letter please find enclosed the documents i wish to be included in the "final agreed bundle" could you supply me with the documnts u wish to be included in the agreed bundle within 7 days. Also are you prepared to prepare the final agreed bundle for all parties involved yours faithfully

 

Also 1 more thing with a witness do i have to have a written statement off of them?? as i have 2 respondents and one of them is the company that lost the contract but my old manager ( not sure of full name) ripped the terms and conditions up and told me not to sign it as i was on more money and they had been misled by 1st respondent who transferred me over do i need a written statment off of him cause not sure if he will against the company that i am taking to the tribunal as he still works for them ??

[madari]

I suggest you phone them first thing tomorrow and ask to speak to the solicitors secretary , tell them that you have the all the relevent documents ready ,and you would be grateful if they could assist with `paginating and preparing `the final agreed bundle.

 

In the mean time `DO NOT` send any documents to them, but by all means send them a list of the documents that you wish to be included in the `Bundle`.

 

If they agree to do the Bundle and i know that they will, then ask them to send you only a `list of documents `that they wish to include in the bundle.[whilst they are preparing the bundle]

 

you dont need to see their documents [only a list that you agree to]as their documents will appear in the final agreed bundle.

 

on the second point as regards a witness, i am not sure what you mean.

 

is this a witness or a second respondent?

 

if it is a second respondent then yes you do need a copy of their documents and witness statement.

Edited March 14, 2010 by madari

[louise80]

i have 2 respondents and the person i wanted to called works for one of them but dont know if he will be a witness for me or give a written statementx so with the bundle i send no docs now just the list of what i want including eg a - f n what a - f are and send actual documents at later date as they have to be agreed by 1st april also with 2 respondents do they have to send there docs to each other and me ??

[madari]

Hi Louise, if you have two respondents then between the three of you , you need to work out who is going to be responsible for `Paginating the agreed bundle`, that is why it is called the agreed bundle ,as all three parties have to agree to which documents should be in the bundle.

 

You can speak to the solicitors tomorrow and ask for their advice on how best to go about the whole issue.[with two respondents]

 

Dont look upon their solicitors as unfriendly, remember they are only working for your ex employers and are not your enemies.

 

You have plenty of time [1st april] so you have nothing to worry about.

 

Only send them an indexed list of documents for now and then wait for their response.

 

as for your witness ,at this stage i wouldnt worry too much about it.

You cannot rely upon an uncooprative witness....in my experiance it is better not to have a witness at all.

 

Let me know how you get on ...good luck

 

You can pm me if you like as i would love to know at which office your case is going to be heard at.

Edited March 14, 2010 by madari

[louise80]

right have received bundle off of one of the respondents nothing off of the other and the date for the bundle now being complete has now passed i tried ringing the other respondent and sent a letter and received nonthing at all but received documents off of the other respondent. however the documents they have added i dont understand there relevance one was a complaint i received from them in april 2008 saying i had missed a cup and the other a month later about rubbish being put in the wrong bin and a tea stain on the back stairs which is used by 2 office so sould have been 1 of 100 people and just assuimed this was me??? and saying i only worked on average 25,4 minutes every night instead of 1 hr 30 mins which is a joke as they where so petty i put my stopwatch on on my phone every night just to make sure i didnt leave early

what relevance do complaints about my cleaning have to do with it i was let go 18 months after this complaint and my cleaning standards had nothing to do with it also one of the respondents sent a letter to my current employer which i am extremely annoyed about first that my current employer responded and secondly because i believe that he has no right to disclose whether or not i still work there without my prior permission to divuldge this this have also asked for a postponement how likely is this?? many thanks for all help x

[madari]

Hi Louise, you have confused me slightly, i dont understand who you are referring to when you say ,`one respondent`and the `other`.

 

Could you please describe them as `first respondent ` and second respondent`and try explaining again.

 

Also if you could keep your sentences shorter as i have done , with gaps in the middle[this makes it easier to digest the information and is also easy on the eye]

 

The part i do understant is that, one of the respondents have asked for a postponement.

 

The answer to the above is:

 

Firstly how do you know?

 

Secondly, if one of the respondents has asked for a postponement then the tribunal will ask for your and the other respondents views on whether to allow a postponement or not, before deciding.

 

It all boils down to cutting costs at the end of the day.

 

in otherwords, if the tribunal think that a postponement will not incur extra costs or will save costs then the postponement will be allowed.[and vice-versa]

 

As for the documents that you are not happy about being included in the bundle, i suggest you write to the respondents and ask them for `the relevance `of the document in question, and also that you object to it being included in the bundle, giving your reasons to why you object.

 

Do let us know soon.

Edited April 5, 2010 by madari

[louise80]

hi sorry madari for confusion ill try again :0)

 

I have received documents off of the 2nd respondent and they have asked for a postponement, there solicitors sent me a letter saying that there main witness was away on that date and had a pre boked holiday

 

i have received no documents off of the 1st respondent. i have tried ringing and sent a letter but received nothing back

 

The date has now pased when the bundle had to be agreed and bound so i dont know if i can get anything taken out or not i just dont agree with the relevance of a letter from my current employer stating i still wotk for them

 

I am going to ring my emplyer tuesday and state i dont agree with him and under the data protection act dont believe he should have given any information about myself out to any one even if it is just that i still work for them they obviously want it for something otherwise they would not have added it into the final bundle

 

I did maybe think they would call my manager as a witness but dont see what they could possibly ask him

[honeybee13]

Hello Louise and Madari. I'm getting confused too.

 

Louise, are the 1st and 2nd respondents with the same company as each other, or with company A and company B for example?

 

And is your current employer company one of those [A or B] or company C please?

 

HB

[madari]

Hi Louise,

 

Do not phone them and do not get into a verbal slanging match with them.[you will fall before you have even started-leave all battles for your day in court.]

 

Dont forget you are dealing withprofessional people who do this for a living[making a living out of other peoples misfortunes]

 

If you treat going to tribunal as doing a college course you will go far.

 

Make sure every thing you do from now on with this case is done in writing with a copy sent to the tribunal.

 

Other than writing to the first respondent asking politlely about the relevance of the inclusion of documents in the bundle that you are not happy about i suggest you do nothing as the ball is in the tribunals & the respondents court.

 

One more thing, the letter that you say was sent to you by the second respondents solicitors, regarding `postponement` did it say[it should have done]that they had also sent a copy of the letter to the tribunal and the other respondent?

 

Keep me posted & good luck

[louise80]

hi madari , thanks for your response yes the posponement letter did say it had sent it to me thr tribunal and the other respondent

 

no both repsondents are different companys and neither of them are who i currently work for

so respondet 1 - company A

respondet 2 - company b

and i am with a completely different employer from both respondents if that makes sense sorry to confuse u im not good with putting things into words

 

i am not ringing any of the respondents on tuesday i am going to ring my current empoloyer and tell him i do not wish him to exchange any more of my information with either respondent under the data protection act

[honeybee13]

Thanks Louise, that makes things clearer for me, hope it helps your thread.

 

HB

[madari]

Hi Louisa,

 

Thanks for clarifying my confusion......I suggest you do nothing now other than prepare your defence.

 

Good luck again.