Employment Tribunal – Respondent skewed my documents for the bundle, please help!

[BlueLittleLady]

There is case law where a party was allowed to present evidence to the tribunal only. It was to do with a subject of great sensitivity and confidentiality (to do with witness protection). There is no harm in applying for it, but unlikely to succeed if there is no threat to the witness, or national security issues. In fact, if this person is working here illegally, I doubt he or she would be considered a credible witness. It is the employer's responsibilty to ensure they are eligible to work in the UK. It would almost certainly fail under the principle of public interest, where the public are entitled to avail themselves of the details in a public court.

 

Hi, just to clarify, the person works legally, but they rely on the employer to get the visa.

[BlueLittleLady]

Apologies for confusion, I'm re-posting my latest question:

 

I have submitted my ET1 claim a while ago. I received legal advice from Disability Law Service, who looked at my employment contract. I do not fully understand my employment contract as it's written in very complex language.

 

The hearing is due in about a week.

 

I had another independent person look at my employment contract and it turns out I am owned one month's pay minus one week!! (I wasn't aware of this due to complexity of the contract, and it was clearly missed by the Disability Law Service people).

 

This is well out of the 3-month time limit.

 

Is there a way I can amend my claim? - I mean, its not really fair that i was badly advised. And it's a shame to miss out on a months pay.

 

Please let me know if anything can be done.

[becky2585]

Have you claimed unfair dismissal too?

[BlueLittleLady]

Have you claimed unfair dismissal too?

 

No, just disability discrimination and failure to make reasonable adjustments.

[BlueLittleLady]

Urgent question:

 

Can employer use testimonials rather than (or in addition to) witness statements in employment tribunal?

 

My hearing is a week away and today the Respondent added testimonials to the bundle from some of the former colleagues which have been collected recently (not during my employment). The testimonials describe me in a way that portrays me as a very bad and rude person and tells things which did not happen. But if these are testimonials, I can't even defend myself or question those people. Is this allowed?

[becky2585]

If the testimonials are only in as a character slur with no real relevance, you need to tell the judge at the start if the hearing and apply for them to be struck from the record.

 

Regarding notice, you could apply to amend the ET1 but as it's such a dramatically different claim to the one you have brought, and you've taken advice, I doubt it will be allowed.

[BlueLittleLady]

Thank you for replying!

 

The respondent is trying to prove that they have dismissed me for bad character. However, they don't have any formal evidence so they've been busy writing out all sorts of handwritten notes between themselves and backdating those. The testimonials have been the most recent addition. So the testimonials are relevant in the sense that they aim to prove bad character but they have gotten their employees to write those testimonials recently (rather than when I was dismissed) and they don't reflect the truth. As they are testimonials, not witness statements I can't question them or defend myself.

 

I am trying to prove that they dismissed me for disability using formal evidence. But their personal notes, handwritten notes and testimonials really do make me look terrible. However, if their personal notes, handwritten notes and testimonials are stripped off, the Respondent has nothing to go by and it's obvious they messed up.

 

It's an odd one. And I am worried.

[becky2585]

The testimonials are a way of trying to allow witness evidence in through the back door, so I don't think it should be allowed. I would definitely apply for them to be struck (unless of course they used them at the time in support of their dismissal decision, in which case they are relevant).

 

Do you have any legal support for the hearing itself?

[BlueLittleLady]

Hi Becky!

 

Thank you for your response.

 

Yes, the testimonials have been created recently (around 6 months post dismisal). They've included the emails with dates in the bundle of when they collected them from employees.

I will try and ask for them to be struck.

 

I have no legal support. Originally went to DLS via Legal Aid, but somehow I misunderstood the fact that they were only willing to help me until the submission of ET1. Afterwords they told me to go somewhere else for case work and they gave Stephensons as an example. But I later learnt from Stephensons that once a Legal Aid account has been opened you can't shift representation. So I ended up being completely shafted. I am all alone. God help me!

[BlueLittleLady]

Another question:

 

Can someone please give me a quick example of how to reference pages in the bundle within the witness statement? Would I have to reference pages, line, paragraphs?

 

I really appreciate all the help!

[becky2585]

Another question:

 

Can someone please give me a quick example of how to reference pages in the bundle within the witness statement? Would I have to reference pages, line, paragraphs?

 

I really appreciate all the help!

 

It's really simple. For example...

 

"I wrote to the Respondent on 1 January 2013 (P212)"

 

Just stick it in brackets! If you're referring to a witness statement, just put the paragraph number. The tribunal will turn to that page and read through the whole thing anyway.

[BlueLittleLady]

Morning everyone!

 

I was wondering what to do. Today is Monday, my hearing is on Wednesday. I still wasn't sent the complete and finished (paper) bundle. This means it will be handed to me at very short notice and with new documents which previously would not have been disclosed - or not handed at all. I believe there will be lots of new documents as the respondent started sneaking them in lately in the PDF version of the bundle. - Once in a while the Respondent emails me the updated PDF version of the bundle and there seems to be new docs added. It looks like the ones that trash my character the most were saved for last, so that I couldn't defend myself.

 

The chronology of facts was not done either, which was supposed to be done by the respondent and consolidated with both parties.

 

What shall I do please?

 

Based on what happened at the Preliminary hearing, it was already decided by the judge that I was the 'bad guy' and it was pre-decided that I was in the 'wrong' - mostly because the Tribunal had all the documents sent to them in good time by the Respondent and the respondent had them. Everyone had all the right documents except for me. The judge did not believe me that the respondent is not sending me stuff and said that enough of Tribunal's time was wasted. My mum came with me to this Preliminary Hearing and we are both of an opinion that it was absolutely one-sided.

 

IMO: Based on developments to date I think the system is extremely biased and there may even be a 'judgement' on you before you even present your case. I mean, the fact that the tribunal offers so little protection to claimants, and they simply don't give a monkey, allowing the respondent to manipulate the case any how they want to, I think is extremely concerning and a bit medieval.

[SweetLorraine]

Hmmm,

 

I'm only aware of some actions you could consider, I'm not a legal professional by any stretch of the imagination.

 

 

• You could ring around and pay for an hour or two of advice from a legal professional (if they could fit you in at such short notice).
  
• You could write/email to the Tribunal asap asking for a postponement detailing why you are requesting it (which may be refused so close to the hearing - but you never know).
  
• You could turn up to the hearing and proceed in spite of these bundle issues.
  
• You could turn up to the hearing and raise your concerns with the Tribunal Panel before the hearing begins.
  
• You could turn up to the hearing and ask the Panel for a short adjournment to study any new documents before the hearing begins.
  
• You could even withdraw and risk a costs application. That could be costly.
  

These are a few options you might consider.

Edited October 14, 2013 by SweetLorraine

[steampowered]

Don't fall into the trap of ascribing the "Tribunal" personality. The Tribunal is an inanimate system not a person. Noone is out to get you, it is just that the judge did not agree with you. Also remember that the Tribunal is not psychic and does not what happened unless you tell it to them with evidence.

 

If the documents are genuinely material to the case, the delay is in breach of a Tribunal order and the failure genuinely prejudices your case, then write to the Respondent querying why the documents were not disclosed and open the hearing by asking for an order that the Respondent is disbarred from presenting those documents in evidence. This should only be used in fairly extreme cases.

 

Otherwise I would let it slide. Unless you tell us differently I cannot imagine that these documents substantially affect your approach to the case. Remember that the Tribunal is not about "defending" yourself, it is not about "criticising" the other side and it is absolutely not about who is nasty and who is nice. It is about whether or not you have a legal claim for disability discrimination. Do your best to focus on the real big picture issues here, not too much on individual documents or on the other side's non-compliance with the proper procedure.

 

Late disclosure is annoying but it does not allow the other side to manipulate the case. It only puts you on the backfoot if you let it distract you from the real issues.

[BlueLittleLady]

Thank you Site Team and Friends for your ongoing support! I appreciate it very much indeed.

 

I have a rather basic question for you today. It turns out my English language knowledge is failing me.

 

I am confused as to in what context the word "contends" is used in the Triubunal.

 

Say if "Respondent contends" does this mean respondent "opposes" or "continues to state", or something else all together?

 

Apologies if this is a rather basic question..

[honeybee13]

Hello there.

 

I just found this in an online dictionary. It's a US one, but hopefully there isn't too much difference. I'm sure the legal gurus will know.

 

'To maintain or assert: The defense contended that the evidence was inadmissible.'

 

Edit: this is from a UK site.

 

'2 [with clause] assert something as a position in an argument:he contends that the judge was wrong'

 

HB

Edited October 15, 2013 by honeybee13
Addition.

[steampowered]

In this context, it means "to assert or maintain". It means the same as "the Respondent asserts" or "the Respondent believes".

 

If the Respondent contends a statement, it means the Respondent will ask the Tribunal to agree with that statement.

[BlueLittleLady]

In this context, it means "to assert or maintain". It means the same as "the Respondent asserts" or "the Respondent believes".

 

If the Respondent contends a statement, it means the Respondent will ask the Tribunal to agree with that statement.

 

THank you!

[BlueLittleLady]

Hi, I have a question regarding remedies and payments in relation to notice pay.

 

My employer had payed me one week's notice while I was contracted to one month's notice.

 

The judge stated in the judgement that the employer has to pay me one month's net pay minus one week. There is no mention of holiday in the judgement. Does this mean I lose my holiday? The respondent is refusing to pay the holiday as it's not in the judgement/remedies, and I fear that the respondent is correct. But then it's not very fair that I have to lose my holiday pay for that month.

 

What's your view on this please? Any guidance or tips?

[honeybee13]

Hello again. How has it been going since October?

 

I've merged your two latest threads, it should help the guys trying to advise you.

 

HB

[BlueLittleLady]

Hello again. How has it been going since October?

 

I've merged your two latest threads, it should help the guys trying to advise you.

 

HB

 

Hi, to be honest, I was not pleased with the judgment. I was amazed how much the employers get away with and IMO the judgment was a bit one sided. I have very clear reasons for my opinion, and I aim to write down my thoughts more thoroughly for this forum during the weekend. Hopefully what I'll share will be interesting and/or useful to someone. In the meantime I need to wrap up the ends of this case and take a couple of days to take a breather.

 

I'll re-post my quick question in case it got pushed back a bit:

 

My question is regarding remedies and payments in relation to notice pay.

 

My employer had payed me one week's notice while I was contracted to one month's notice.

 

The judge stated in the judgement that the employer has to pay me one month's net pay minus one week. There is no mention of holiday pay in the judgement. Does this mean I lose my holiday? The respondent is refusing to pay the holiday as it's not in the judgement/remedies, and I fear that the respondent is correct. But then it's not very fair that I have to lose my holiday pay for that month.

 

What's your view on this please? Any guidance or tips please?

 

Thank you in advance. xx

[steampowered]

Did you claim holiday pay in your ET1 or mention it at the hearing?

[BlueLittleLady]

I didn't claim the holiday in the ET1, I cannot recall if I stated that at the hearing. But to be honest, I didn't claim the notice pay in the ET1 all together as I was ill-advised about my contract at the time. It was during the hearing that the judge decided to include that if I recall correctly.

 

It's very odd, I think I was so stressed during those three days of the hearing that my mind is blocking out the memories. I literally have blanks and cannot remember what happened for the best part of the hearing. I can only put it down to stress levels lol

[nevos]

Long time since I posted on CAG..just looking through this old thread regarding Employment Tribunal Bundles..

 

What I learnt from experience is this: If the Respondent keeps messing with the bundle then, make your own..on the day of the trial give it to the Usher as being the most up to date version..make sure you have 6 copies..

 

Cheers