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Hello,

 

I have submitted a constructive dismissal claim to my local Tribunal service. They have accepted it and allocated only 1 day for the hearing. Is that short length of time good news and/or usual for a constructive dismissal claim? What should I make of it?

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It depends on the amount of witness evidence, so it's not really a positive or a negative thing. The ET have clearly decided there aren't that many issues so a day is sufficient.

 

That said, they often list for a day initially, which then has to be changed. In a day, you could probably do it as long as there's no discrimination and there aren't more than around 3 witnesses.

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Hi,

 

I have a short hearing due soon for constructive dismissal. I also have a longer discrimination case due in several months time. The respondent has requested that both of these be heard as one case at the later date. Although I feel both claims are causally related (in that bringing the discrimination case I lost my job) I would rather there were held separately rather than muddled up.

 

Should I be concerned by the respondent's request? What advantages can they gain by this request?

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I'd say its in your interests to have both claims heard together. Case law suggests that if discrimination is found, constructive dismissal will almost certainly follow - without a judgment on discriminatory grounds therefore, it'll be harder to prove constructive dismissal if that claim is heard first with discrimination coming later. I would imagine that the facts of each case are generally shared in any event.

 

It's perfectly normal for the claims to be consolidated - in fact I would be very surprised if the Tribunal wanted to do anything else!

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Thanks for your advice becky2585,

 

if I may, could I ask how are these two separate yet similar claims are then handled in one hearing? Would I have to produce one witness statement covering both claims, or two witness statements - one for each claim? Are they still to be considered as two claims or as one (two-part) claim?

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Well interestingly I've been in Tribunal today on a very similar case. One witness statement is produced, which deals with all the issues, so all your evidence needs to be included here.

 

At the beginning of the hearing, the judge will establish which finding of facts they need to rule on (eg, did x say this, did that incident occur, is y or z's account of that event correct). They will then clarify the claims - ie constructive dismissal, discrimination types, and anything else. Once that's out of the way, you give your evidence and go through cross examination. The panel will obviously know what is being claimed, so once the respondent has finished its cross examination, the panel will also ask questions to ensure they have all the facts they need to make their decision.

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