Employment tribunal advice needed

[Dishidox]

Morning everyone,

Long story short, my son was sacked in April after working with a small company for over 12 months, he is taking them to a tribunal which the case is due to be heard later this month , he had a solictor to start with but solictor pulled out when my son wouldn't settle for a pittance,and wanted to go to court, the respondant has tried every trick in the book he says we have missed deadlines which we havnt, he's tried to get it thrown out but the tribunal is going ahead dispite all his shenanigans, hes says he hasnt had any of are paperwork and we also havnt had his, but the tribunal has the bundles for the case on our part,my problem is he can't get hold of the respondant to exchange papers, he's not answering calls, emails or letters, the case is a week away I'm at a loss what to do, please advise

[dj1971]

Dishdox,

 

Personally, I would telephone the tribunal hearing your sons case and inform them of the situation. If the tribunal sees fit, they can issue a court order instructing the respondents solicitor to disclose his bundle.

 

I also believe that this will all go against him at the actual hearing and the judge could well throw the respondents case out, but some of the more legal minded people in the forum will be in a better position to comment on this.

 

Good luck

DJ

[Pusillanimous]

The conventional view appears to be that it is in the public interest to hear the other party's case. So, unless they are exceptionally badly behaved, it is unlikely their defence will be thrown out without being heard. The tribunal can be asked to take an adverse view, though.

[Pusillanimous]

the tribunal has the bundles for the case on our part,my problem is he can't get hold of the respondant to exchange papers, he's not answering calls, emails or letters, the case is a week away I'm at a loss what to do, please advise

 

Urgently apply for a disclosure order (label it "application" giving date of hearing, names of parties and case number, etc). As it next week, it is likely it will be dealt with as a preliminary issue to the hearing itself. Be ready to put a strong case to the judge that these documents are vital evidence and insist on an Order they be disclosed for the hearing without further delay.