Offered Compromise Agreement - redundancy/unfair dismissal/sex discrimination case

[dmlferguson]

Sorry. Stats on women having the larger responsibility for arranging childcare, as opposed to men. This is to support my flexible working application and indirect sex discrimination claim.

[Emmzzi]

struggling a little. closest I have is the ILM report

 

http://www.30percentclub.org.uk/research/

[dmlferguson]

http://www.dwp.gov.uk/docs/family-friendly-task-force-report.pdf

 

This is interesting reading. But if anyone has anything else, I'll be grateful.

[dmlferguson]

Thanks for the link Emmzzi

[dmlferguson]

http://www.equalityhumanrights.com/uploaded_files/research/16_flexibleworking.pdf

 

This is also a great article if anyone else needs it.

[dmlferguson]

I'm just putting the finishing touches to my Witness Statement but I've noticed that some of the incidents that happened I've stated are say, Harassement due to sex but really Direct sex discrimination is more accurate and visa versa. Within my Witness Statement should I correct myself or go with what I've stated within my particulars??

[dmlferguson]

Another Witness Statement questions...

 

Do I actually put "I believe this was an act of Sex Discrimination because......."

 

Or do I just state the facts and let the judge decide the intent of the action??

[Pusillanimous]

Just state the facts as they happened. In your opening and closing submissions is where you draw the tribunal's attention to the fact that if what you say happened is found to have indeed happened, then it should uphold your sex discrimination claim. Don't forget comparators, though. How they were treated compared to you. Leave out legal jargon, as it will only irritate the reader.

[dmlferguson]

Opening and closing submissions???

 

Comparators - I will make sure I have that information included.

 

Legal jargon - should I ever state case law?? Or just leave it to what happened?

[Pusillanimous]

Your opening submission is merely telling the tribunal what you intend to prove (use lots of legal jargon and case law) as set out in your ET1. A quick précis of your witness statement, in effect. Basically it will be a forecast of your closing submission, which you should set out in advance, telling the tribunal you have succeeded in showing them what you said you would be showing them (as per your opening submission. These are not neeeded until the hearing itself. Don't give it away in advance.

 

Comparators, leave out the legal wording but use phrase such as "different treatment from XYZ" and "less favourable treatment than ABC". Remember to state your feelings and the impact on you.

 

Apart from that, your witness statement should be a straightforward telling of the facts, objective and as neutral as possible, without conjecture, opinion, explanation, apology or embellishment. (Think: how a policeman might tell it.)

[dmlferguson]

So opening and closing statement is not part of the witness statement and does not get given to the Respondent - OK. I've read that many ET's don't like to hear your opening statement and prefer you to just get on with it....what is your thought?

 

I'll go back through my witness statement with a fresh eye tomorrow and remove emotion. I'll stick to fact and make sure comparators are included as suggested.

 

Thanks Pusillanimous

[Pusillanimous]

I would definitely opt for an opening submission. It is your fundamental right to make an opening speech. The other side certainly will!

[dmlferguson]

I'll prepare one regardless and if its likely to go against me I'll scrap it....if not at least I'm prepared.

 

Feeling confident...many thanks

[Pusillanimous]

PS They might stipulate "written submissions only" so simply have it ready in writing. You will be able to talk your closing one, though, as tribunals "deprecate written closing submissions". (No idea why, though.) Make sure you challenge any inaccuracies or unfair points.

[Pusillanimous]

The beauty of them is that you have the legal privilege of saying whatever it is you want to say. For example, "my ex-bosses have behaved like complete rascals!"

 

Make the most of it!

 

They will be saying all sorts of horrid things about you.

[dmlferguson]

Thanks I will. I'm going to put my 'thick skin' armour on for the court days, but the mud slinging is already in the bundle....so the witness statements, I'm sure, will be colourful.

[dmlferguson]

Another witness statement question:

 

Some documents are yet to be disclosed. Can I add the numbering to the witness statement (relating to the bundle) after it has been sent to the respondent??? Or does it have to be left as it is???

[Pusillanimous]

Unless you have been directed to, you do not need to sign the witness statement until the date of the hearing, so yes, you can add page numbers later. Avoid signing the witness statement until you have to, as you are bound to have last minute additions, amendments, deletions. You can supply a supplementary one if you have already signed it, but it looks bad to amend it once you have signed it. (Although it probably does not matter.)

[dmlferguson]

Thanks. I spoke to ET and they said pretty much the same.

[dmlferguson]

Ok so we're getting close to the big day. I'm working through the witness statements and planning my questioning. There are many many that come to mind immediately from picking at their witness statements BUT I want to avoid looking petty.

 

Anyone got any good tips?

 

Things to avoid, things to make sure I cover??

[Pusillanimous]

Focus on the evidence in the bundle, not the witness statements. One or two things will leap out, but you are bound to feel completely nauseated by the other party's witness statement, especially if they are a pack of lies, so re-focus on the facts. It is a fact finding tribunal. Point to the facts.

[dmlferguson]

Thats an interesting idea. There seems to be little evidence against me within the bundle but a hell of a lot of lies about me within the witness statement, which can not be corrobrated.

 

I feel I should be questioning them on the lies.....is this not the right way to go?? Should I just concentrate on going through the evidence and asking questions on that??

[becky2585]

The purpose of cross examination is to question the lies in their witness statements. That deals with verbal evidence, whereas the Bundle deals with written evidence. Part of the purpose of cross examination at the Tribunal hearing is to prove their oral evidence to be false, if you can.

 

So prepare a series of questions which will discredit what they have stated in their statements, but you can ask them to refer to the written evidence as well and cross examine them on that too.

[dmlferguson]

Thanks Becky that was my plan.

 

For opening statements I've had a mixed response to my research....should I address what I think their defense is or do I just address what my version of the truth is??

 

As in "I believe that xyz will try to paint a picture of a money hungry ogre but as you can see from the evidence provided this was clearly a case of unfair dismissal"

 

OR

 

"As I will demonstrate throught the evidence provided this was clearly a case of unfair dismissal"

 

THIS IS AN EXAMPLE AND NOT A TERRIBLE EXAMPLE OF AN OPENING STATEMENT!!!

[becky2585]

Opening statements are for your case - closing statements are for addressing both.

 

Don't over dramatise it though - the judge will most likely make you stop speaking if you do