Respondent bundle not arrived

[noname84]

They asked for additional time which I allowed and was granted the due date was then for today I haven't recieved anything what's the process now? Do I complain ?

 

Many thanks

Edited May 10, 2012 by noname84

[citizenB]

You must let the court know. Have you contacted the other side ?

[noname84]

I haven't contacted anyone yet shall I email them both at the same time to say should have recieved the bundle today but didn't ?R

[citizenB]

As long as both the court and the respondent are ok with accepting emails then yes, I see no harm in that

[noname84]

Hi all further to my first post I've changed the title a bit had had developments. I emailed both the ET and respondents legal to say I've not had my bundle by due date. They replied to me only and apologised and blamed the amount of paperwork which I sent they go on to say half of this is not relevant to the claim in there opioion and therefore what been sent in which is the same as them they are producing a bundle called "core" then all my other stuff they don't feel Is relevant they are putting into a 2nd bundle. Is this right? Surely it's up to the judge/ET to decide if the paperwork is relevant or not the letter also goes on to say I've agreed to this I have not I do not know what paperwork they have decided is relevant or not I'm very confused, any advice ?

[citizenB]

It is usual to agree to the content of the bundles prior to the hearing.

 

TBH, I am not sure whether they can simply decide to leave stuff out if you havent agreed to anything.

 

I will try and find some further advice on this for you.

[citizenB]

Have flagged the question for site team. However,

 

You might want to confirm with the respondent that BOTH bundles will be filed with the Court/ET as well as being provided to you.

 

Ask them also, to provide any proof of your agreeing to this decision.

 

You also require a list of the items they are appearing to unilaterally be leaving out of the main working bundle.

[rebel11]

Hi non

 

If you and the Respondent can't agree on what documents should be included in the main 'bundle', what 'The Chairman' of the Tribunal would probably say is exactly what they are doing, having a separate 'bundle'. What you could do is contact the 'Respondent' tell them you want the disputed documents in the main 'bundle', but at the back, sectioned off. It could be a tactic on their part, it makes it easier for them to defend the case.

 

If your not receiving documents in time, complain to 'The Chairman' of Tribunals straight away, infact complain about

their conduct if they aren't co-operating.

[noname84]

I've had rather a crapy email from the respondents solicitor this evening they always send in the evening! Telling me the done thing is not to include the ET into correspondence and has stated"reserve our position in relation to your conduct." I'm slighty annoned as this all came about by me emailing the ET and respondents solicitors at the same time about being late in sending my bundle and challenging the above as previously mentioned. Is this scare tactics or is this correct?

[rebel11]

Hi non

 

It's just poor, keep a diary of deadlines, everytime they fail to meet the dealine, send a summary to the Tribunal. It's their 'conduct' that they need to watch.

 

I've had rather a crapy email from the respondents solicitor this evening they always send in the evening! Telling me the done thing is not to include the ET into correspondence and has stated"reserve our position in relation to your conduct." I'm slighty annoned as this all came about by me emailing the ET and respondents solicitors at the same time about being late in sending my bundle and challenging the above as previously mentioned. Is this scare tactics or is this correct?

[noname84]

I'm fighting my ET claim myself I'm getting various emails from the other side which ate not nice I'm stressing about the bundles and what they are going to say I'm worried about how I start and write my witness statement let alone the court hearing itself I am alone fighting this, and it's been ongoing now for nearly 18 months all in all. I know deep down I did no wrong and was unfairly treated but what if I carnt prove it and dont win I'm putting myself through so much stress and heartache to gain notthing other then a possable charge for costs agaisnt me i just dont no if I'm strong enough to continue !

[Browncow]

I'm fighting my ET claim myself I'm getting various emails from the other side which ate not nice I'm stressing about the bundles and what they are going to say I'm worried about how I start and write my witness statement let alone the court hearing itself I am alone fighting this, and it's been ongoing now for nearly 18 months all in all. I know deep down I did no wrong and was unfairly treated but what if I carnt prove it and dont win I'm putting myself through so much stress and heartache to gain notthing other then a possable charge for costs agaisnt me i just dont no if I'm strong enough to continue !

The stuff about costs tends to be an empty threat. Provided you have complied with all the Tribunal orders you will not be liable for costs. If your case was really weak, you would probably have been asked to pay a deposit.

 

As for the witness statement, try to remember that it is evidence and anything that is not disputed by the other side is accepted as truth.

 

Put in everyithing that happened in chronological order and try not to leave anything important out. Start off with the Background and then get into the events and the claim.

 

Remember it must be fact and not opinion, leave that for the Tribunal.

 

I wrote "War and Peace" but it was double spaced with a big margin and it took only about 50 minutes to read. The other side came up with glib denials but my statement was better as I explained the particulars of the work and other stuff that saved my solicitor and the Tribunal the fag of explaining or requesting factual information.

 

Get it started. Start at the start and go on until the end and put a reference to the evidence in the bundle after every point. It is a long and distasteful job but, even if you were not representing yourself, you are the best person to write your statement as you are the only one who understands.

 

I felt pretty bad before going to the Tribunal but it was great to get it over and done with. I think it is better to go through with it now that you have come this far. It is an act of faith in yourself and while I hope you win, it won't matter all that much if you don't. You will still be the same person and you can hold your head up because you refused to be walked over.

[joesoap]

Excellent explanation of the procedure Browncow. I did the wife's and it wasn't as bad as I thought it would be. She won.

[Browncow]

Excellent explanation of the procedure Browncow. I did the wife's and it wasn't as bad as I thought it would be. She won.

 

I am really glad tht you won. Family support is all important at these times and my family attended every day for 4 days. The employer tried to stop union rep coming but he gave evidence anyway.

[joesoap]

We never got as far as the full tribunal. Sat in front of a judge as her ex - employers contested that the claim hadn't been made timeously. They had their dates mixed up and letters with dates missing and I was able to tell the judge what should be where. Think he was impressed with me but he took the **** out of the firm I can't mention but haven't bought a biscuit of theirs since Mrs Soap left! Company must have ealised that they were on a hiding to nowt and ACAS rang the following morning with an offer. After a "me and her discussion" she rang back and told ACAS to get them to double the offer which they did; wife accepted.

 

As you say Browncow, it really pays to get things in chronological order and spaced out.

[citizenB]

If you have received a Witness statement from them, then you can go through their points and rebut them as well.

 

I have attached some guidance notes for Witness statements below for you.. If you have any queries, just shout

 

Guidance Notes on Witness Statements.pdf

[honeybee13]

Hello noname.

 

I'm merging this thread with your most recent one. There's no need to start a new thread for each question and you will get better advice if the information is kept together.

 

My best, HB

[rebel11]

Hi nona

 

Heres somemore Guidance on Witness Statement's - http://www.lrdpublications.org.uk/downloads/WitnessStatement.pdf

[noname84]

lovely thank you for that, I havent even brought myself to read the bundle! but i have a bit of time so i am going to give myself some time "off" and then crack on in a couple of weeks. it just feels never ending.

but thank you so much for the links and attachements etc it will be a massive help for me.

[lbruk]

I would suggest getting into it as soon as possible, even if just making bullet points, with mine I have tended to sit in the garden with a cup of tea, enjoy the sun (when there has been some!) and write it out, I'm on version 15 of my statement, and my hearing is in August.

I really would stress that your statement is the be-all-and-end-all, it is the alpha and the omega, it is so important that your statement covers everything you want to get across. And delaying starting writing it could be a mistake.

 

Once you have written it i would have a trusted friend, one that says what they think, go into your statement and ask you every question that they can think of, so it prepares you for cross-examination and even make you adjust your statement so it answers some of these questions.

 

Good luck

[noname84]

hi all,Thank you for your support so far, but I am finding it very difficult to get this statement written in the correct way or even started! I am even finding it hard to read the bundle its two huge folders full of paperwork and I just don’t want to relive this nightmare, I really want this done and dusted without the stress. Can I find employment tribunal representation to write this for me and help complete, I guess if I paid solicitor then the amount of time this would take would end up costing me a fortune. But I just do not want to get stressed out and depressed by this and I already feel like I’m going down that road - this has been with me for 18months already.

[lbruk]

I would ignore the bundle for now.

 

Just write down in a chronological order exactly what happened, then beef it out with details, dates and times, insert bits that come to mind later on. At the end then go through the bundle and find evidence to support your claims and go back tot he statement and put int he referrals.