Late trial bundle by respondent ... info please!!

[plumanegra]

i am currently taking my ex-company (the respondent) to court for constructive dismissal.

 

after 7 yrs of bullying i finally walked out. little did they know i had kept all evidence against them. i applied to take them to the employment tribunal and the case was accepted. after a phone call CMD in feb 2010, the court date was set for NINE days (yes!! 9 days!! thats how much i have on them) we start in court at the end of May 2010. im nervous but excited!! david and goliath eat your heart out!!

 

the paperwork was stressfull enough (6 copies of all documents to respondent, 1 to court, trial bundles, lists of documents etc etc) timelines, phonecalls, paperwork, all was sent to the respondent within the court order time line.

 

HOWEVER, the respondent has yet to send me the trial bundle (which was due to me on 12th March 2010) they did phone me 5 days ago and tell me that due to easter holidays (??!!) they would be late sending me the bundle as two of the solicitors were on holiday (??!!) but i would get all the bundle by the 12th April. however today it is the 13th and still no bundle. so now, it is over a month late from the court order. they have not applied to delay this nor have i had an apology. i have sent two emails to the court asking what happens now without advice back, although they did acknowlege my letters.

 

i have no office, photocopier - not even a pc, everything was done at my local internet cafe (it took DAYS and cost me over £260!!) so if i can get all info to them on time - why cant they?

 

so, if the bundle is recorded delivery to my house - do i have to accept it?

 

any advice will be gladly kissed upon!!!

Edited April 13, 2010 by plumanegra

[Bigredbus]

Hi 'plumanegra', and welcome to the CAG...

 

Could you blank out the company's name in your post, please... Just 'edit' the post and cross it... LOL...

 

Once your bundle is delivered, make mention of receipt and acknowledgement to the Court...

[plumanegra]

oopps!!! sorry abut that!!! okay - deleted company name now!! xx

[plumanegra]

.. what i also didnt say is that i'm on holiday and due back two weeks before the court hearing .... am worried that i wont have enough time to peruse all the respondents bundle

 

and it seems unfair that this big society can get away with it (or seems to be) after all, court dates are court dates ... are they allowed to just alter the goal posts mid game?? can i be sniffy and ask the tribunal to throw out the bundle as it breached their rules?

[sailor sam]

Hi,

 

You need to ring the court and ask these questions to them. Also advise them of your holiday. It seems you have covered all your obligations so the fact that it's Easter and their solicitors were on holiday should not be relevent. If they were ordered to file by a certain date and they didn't then it will be for the tribunal judge to decide if their statements/eveidence bundle is admissable.

 

__________________

Please Note

 

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I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Bigredbus]

.. what i also didnt say is that i'm on holiday and due back two weeks before the court hearing .... am worried that i wont have enough time to peruse all the respondents bundle

 

and it seems unfair that this big society can get away with it (or seems to be) after all, court dates are court dates ... are they allowed to just alter the goal posts mid game?? can i be sniffy and ask the tribunal to throw out the bundle as it breached their rules?

 

What were the directions at the CMD in relation to the bundle?

 

I would, as soon as in receipt of the respondent's bundle, send a message to the Court to acknowledge receipt, including the date and mention that they breached the agreed date of exchange.

[plumanegra]

hello!!

 

CMD said ""no later than the 12th March 2010 shall respondent send claimant the trial bundle""

 

just called ACAS - they said that its up to judge on E.T to decide to accept late bundle (but in his experience they are always accepted - a month late isnt that bad apparantly!!) boooo!!

 

wish someone had told me you could send documents late .... i was up all night getting mine together ...

 

seems Employment Tribunal court orders are'nt as strict as you think if they let respondents get away with submitting late info ... i thought the courts dates were final... obv. not ... makes a mockery of the whole thing really. if simple old me can get it all in in time, and a huge socirty with in house legal team can't .... there is no hope for any of us!!

 

and what peeves me off even worse is some of my complaints were not accepted as they wre ''out of the time line to complain'' whaaaa!!

[Bigredbus]

Although you are right in your comments, the judge will take their lateness in consideration... you followed directions 'to the letter' and transmitted your bundle in time (and you are the claimant in person... no help... all information has been gathered in your own time and within your means), when the respondent is backed up by a firm of professional solicitors/barristers and has been 'incapable' of delivering in accordance with the CMD directions...

[sailor sam]

hello!!

 

CMD said ""no later than the 12th March 2010 shall respondent send claimant the trial bundle""

 

just called ACAS - they said that its up to judge on E.T to decide to accept late bundle (but in his experience they are always accepted - a month late isnt that bad apparantly!!) boooo!!

 

Just as I stated in my previous post. I would not be surpsrised if the judge will accept it but then again, he may not so don't get too down beat. In any event, from your original post, you seem to be confident about the case so their evidence will be weak?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[plumanegra]

their evidence is weak ... but they have 2 witnessess and all my ex-colleagues are very reluctant to help me due to not wanting to be victimised ... but it's the daunting thought of going to court ... i'm a down to earth girl who's never even had a library book fine lol!! all the legal jargon just baffles me .. . i was offered £6k a month ago but turned it down as my annual pay is £24k and i thought £6k was an insult (i'm in the funeral business) they own all parlours in 40 mile radius!! so getting another job in my line of work is impossible - unless i move house or learn to drive!! yikes!!

 

but i'm so, so grateful for all your comments and info .... if nothing else it makes me feel that i'm not alone in standing up for my rights, so thanks all you guys x:)

[plumanegra]

P.S: I've just donated £20 to this forum ..... wish i'd known it was here sooner .... could have saved me hours googling!! lolx

[sailor sam]

P.S: I've just donated £20 to this forum ..... wish i'd known it was here sooner .... could have saved me hours googling!! lolx

 

I'm sure the site team will be along to show their thanks.

 

Please keep us posted and good luck!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[plumanegra]

will def. keep you all posted .... knowing outcomes of problems is one way of knowing how you stand with your chances!!!! keep up the good work!! i'm off to walk my dogs feeling more positive than have done in ages!!