Help Required with CMD for ET

[roddyn66]

MY OH has a claim into the ET for Sexual Discrimination and Harassment against her company.

 

It has been rumbling on for ages now.

 

We attended the PHR and to be honest I felt out my depth. Walking away from it I felt sure the judge was going to throw the case out.

 

However when he issued his ruling from the PHR we dismissed all the respondents’ claims and allowed my OH to makes changes to her ET1 to better reflect her case.

 

We got notice through for the CMD which is listed for 90 minutes this Thursday.

 

We did have a lawyer already to go (he's a family friend) but his wife has now critically ill. In the circumstances I can't exactly ask for advice and the case is reasonably complicated that the option of getting another lawyer in time is not feasible

 

I am therefore thrown into the mix again and will need to attend the CMD.

 

Apart from my OH, nobody knows this case as well as I do!

 

If any of the Caggers on here could offer some guidance or help it really would be appreciated.

 

There are 11 points on the CMD instruction:

 

1 & 2 deal with PHR and have already been dealt with.

 

3 deal's with the length of the hearing and the dates.

 

I have no ideas how long to ask for at all?. I expect to call 7 witnesses but I have no idea about the respondent. Do I need to have an expected time scale?

 

I already have all the dates my witness's can attend

 

4 asks for the statutory provisions upon which the claimant relies and the essential matters capable of being proved if the claim is to have a reasonable prospect of success

 

This is the one that has me worried. Last time at the PHR the respondent’s lawyer had a pile of case law and Butterworth’s that I had to digest. I felt out my depth.

 

The essential matters worry me less. I have to show that the employer knew of the problems and took no action to address them. I have to show that the incidents in the ET1 took place

 

5 the identity of the witness's and the relevance of the evidence

 

I have all the names; do I have to provide addresses as well at this stage?

 

I have a list of the relevant issues that each will address

 

On this, I want to call several customers who witnessed events. Their statements were offers at the grievance but the respondent refused to allow them into the proceedings.

 

Can I call customers to the ET to give statement (They have agreed)?

 

If I call them it would mean that my OH has given customers details to a third party (her representative, me) would that then makes her liable for a breach of data protection or confidentiality?

 

6 The documentary evidence likely to be produced by each party and instruction on its exchange

 

I think I understand that we have to develop a set of date’s foe the exchange of witness statements and documents. Do I need to have all of mine with me for the CMD?

 

Is this the only opportunity I will have to ask for documents from the respondent?

 

7 What facts are capable of being agreed in advance?

 

Again I think I have a handle on this, they are a bunch of lying to rags, and we telling the truth. Ha ha (Gallows humour)

 

Any tips on what to expect here

8 & 9 if the judge considers there should be any orders

 

Tips on this one?

 

11 If the judge considers any other matter useful to efficient management of the case

 

 

Now to tactics, I have read that I should be prepared to allow items/witness statements that are not critical to our case to slide to show that we are prepared to compromise. IE: the respondent has 23 witness statements, 17 of which say they saw and heard nothing. I see no point in calling them so I would be prepared to state for the record that each of this witness’s saw and heard nothing to support my OH's claim of sexual discrimination or harassment

 

The respondent has already tried to scare the judge at the PHR that this case could last 3 to 4 weeks

 

Is this a good tactic?

 

We only have one witness that still works for the company; all our others are ex members of staff, customers or expert witness's

 

Do I need to call them as a witness, or just can we just get their statement at the cross examination? (This guy is already under intense pressure at work not to say anything, but they are standing strong)

 

On the expert witness item. We have documents that were forged and had them them forensically tested by two companies. The respondent had their own work done. I don’t want to call these witness as it will cost the earth and extend the case by a day or so (I am sure the respondent will as they have a bottomless pit for funds)

 

Any tips on how to proceed with these items with the judge and still allow the reports from the expert witness's to stand?

 

I am aware this is a monster post, but even the smallest crumb of help or guidance would be really great.

[madari]

Hi ,

 

I could give you plenty of advice but at this point the best thing to do would be for you to ask the ET[on thursday] for a `postponement` of the hearing till your friend[ solicitor ]is available to assist you, or till you can get another legal advisor to assist you.

 

Discrimination cases are very complex with a long drawn out process.

 

Dont worry too much about `points 4 -8 or-9`.....I will direct you in the right direction when the time comes.

 

It would be foolish of you to take on a discrimination claim without representation, believe me.

 

Good luck

Edited March 21, 2010 by madari