##Employment : Do witness statements have to be signed on exchange?

[Bignick58]

Hi all,

 

Just a quickie.

 

We've recently exchanged witness statements.

The respondent has sent theirs unsigned.

 

Is this right?

 

If not, could we ask for their response to be struck out for failing to comply with deadline for exchange?

 

Many thanks,

Nick.

[elpulpo]

http://etclaims.co.uk/2007/12/exchanging-witness-statements-in-a-hurry/

Have a butchers here. I'd recommend this entire site, and their book, if you're going to ET.

[madari]

No there is no need to have any witness statements signed which are exchanged prior to the hearing, this is beneficial to both parties as they can be altered/amended slightly before the main hearing.

 

The witness statements that are going to be relied upon [6 copies] will have to be, and are signed mostly on the day of the trial.

 

I suggest that you dont sign yours otherwise you will not be able to alter them prior to the hearing.

 

Good luck.

[Bignick58]

Thanks both,

 

@ madari, we've already signed ours. No problem though, we stand by everything... it's all the truth

 

Just how much can be "altered/amended"?

 

Seems strange that they can just change their statements on the day, after all our hard work, preparing to rip them to bits in cross examination

 

Regards,

Nick.

[madari]

Thanks both,

 

@ madari, we've already signed ours. No problem though, we stand by everything... it's all the truth

 

Just how much can be "altered/amended"?

 

Seems strange that they can just change their statements on the day, after all our hard work, preparing to rip them to bits in cross examination

 

Regards,

Nick.

`How much can be altered......`:

 

Either party can make,from slight alterations to including new documents already included in the agreed bundle, they may not even make any alterations .....it is just standard practice.[not to sign anything before the last moment]

 

You can alter yours also, even though yours are already signed, as long as they have a copy of the new version on the day of the hearing or before then there shouldnt be a problem.

 

Good luck!!!!

[elche]

HI Bignick

 

I would have to broadly agree with Madari's advice. The main point to remember is that ET's are a normally a lot more informal than County Court. The ET rules of procedure (http://www.legislation.gov.uk/uksi/2004/1861/contents/made) give ET's considerably more discretion than the CPR gives Courts.

 

I personally never saw an ET case struck out on a small evidential technicality (e.g. an unsigned statement) provided of course the 'non-signature' didn't go to the root of the testator's evidence e.g. they do no attend on the day.

 

Elpulpo is right about the book. There used to be a copy in my local library if you do not want to spend £30 odd quid or whatever LAG charge these days.

 

Try and visit an ET before your trial so you can get a 'feel' for it'

 

Good luck

 

Che

[Bignick58]

Thanks for the advice.

This was just the last of a few games the respondent's solicitor has been playing.

(They've all been put on file with the ET.)

 

However, just another quick one guys,

 

We are still perfecting our cross examination notes and it's based mainly on their own contemporary documentation, withheld interviews (provable) and uninterviewed witnesses (again provable) so in the main isn't really stuff they can answer.

 

We were wondering what type of questions my partner should expect in cross examination.

As we understand it, all the respondent is trying to show is that the procedures were followed. (Their own and ACAS)

I can't imagine them trying to show the ET that my partner is actually guilty of the alleged offence, otherwise it would degenerate into a "Oh yes you did!", "Oh no I didn't!" situation.

 

My partner's witness statement is also mainly evidencial based, with a couple of "unprovable" happenings.

 

Thanks for the input so far.

[madari]

Hi,

 

Without knowing the full facts of your case or what you are claiming ie,unfair dismissal or discrimination, it is very difficult to answer your question.

 

In an unfair dismissal case all the employer has to do is to form a reasonable belief in the employees guilt.

 

It is called the `Burchell test`and was bourne out of the case of ` Burchell v British Home stores `case [google it and have a read.]

 

Good luck.

[elpulpo]

As Che said, it's invaluable to go and sit in on a few ET cases. Ring the regional ET you'll be attending and ask them to recommend some upcoming cases of a similar type to your own.

Take a pillow and an alarm clock.

[madari]

As Che said, it's invaluable to go and sit in on a few ET cases. Ring the regional ET you'll be attending and ask them to recommend some upcoming cases of a similar type to your own.

Take a pillow and an alarm clock.

....and a note pad!!!!

[Bignick58]

More fun guys...

 

The respondent's rep have started spitting out their dummy about stuff we've been filing with the tribunal about his little games.

They've sent a rambling letter full of rubbish in "response" to the things we've put on file.

 

They've now sent us another letter demanding evidence of jobhunting.

 

Am I right in thinking that this sort of info only comes into consideration if and when judgment is made?

We have been collecting appropriate evidence to produce at the ET.

I would be really happy to be able to tell 'em to "mind their own".

 

Nick.

[madari]

I personally would [and have in the past ignored]ignore this `job hunting` letter and not reply back, no doubt they will then bring it up at the hearing so just be ready to give a reasonable answer then,but the final decision is yours.

 

Good luck

[elpulpo]

As ya say, you might have to show you've looked to mitigate your loss if you win. Not before.

[elche]

Am I right in thinking that this sort of info only comes into consideration if and when judgment is made?

 

Yeah of course. This would surely have no relevance on for an example the fairness of a dismissal. It is only relevant to the remedy (i.e. how much money you deserve if you win).

 

Certainly you should, if you have submitted as part of the claim (future loss of earnings), be ready to support this with evidence that you have tried to mitigate this by actually getting a job. A diary of of job hunting should suffice but of course if you have evidence of actual applications / rejections get that ready to back up your diary.

 

Che

[Bignick58]

Thanks again all,

 

I'm gonna be a real pest and ask another question...

 

The respondent has previously made a couple of derisory settlement offers. (Good sign, I believe.)

 

With all what we can show they've done, and they already KNOW we can show it, I can't believe that they'll allow this to actually reach the Hearing stage.

(Large household name company, reputation to lose.)

 

What I'm asking is, if a settlement is offered at the Tribunal door, so to speak, what are the mechanics of it?

We don't have legal representation, so is there a standard form or something?

 

Wouldn't want to withdraw the case, then have them "change their mind".

 

Thanks,

Nick.

[madari]

What you do if settlement is offered at a late stage is that [both parties]you ask the ET for a postponement giving the reasons and then seek legal advice on agreeing whatever terms are on offer.

 

hope thias helps