Jump to content


Please note that this topic has not had any new posts for the last 2537 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Good evening fellow CAGgers,

 

I have the following problem.

I have a pending Employment Tribunal hearing in some 1.5 months and now it is a disclosure phase.

The Respondent tries whatever they can in their powers (via a representative) to delay the disclosure.

 

They gave me estimate for delivering the requested documents which was far beyond the date the ET Judge set for agreeing on the bundle. Also, I cannot be sure that they will give me all the docs I requested, they are saying they will first establish the relevance of those to the case.

 

What can I do to force them to disclose the documents quicker? Otherwise I may lose valuable preparation time and it will delay the preparation of my witness statement.

Shall I go and apply for a disclosure order directly?

 

many thanks.

Link to post
Share on other sites

Is there any way to accomodate this by changing the other deadlines, without affecting the trial date? For example, by changing the deadline for agreeing on the bundle and/or the deadline for exchanging witness statements?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Hi steampowered and thanks for your answer.

 

It is not really possible without rescheduling the date for the hearing I am afraid.

There are xmas holidays, so it will delay the things even more.

And then nothing guarantees me that when they finally come with the docs, something will be missing and I will have to apply for a disclosure order.

In fact, I am almost certain it is going to happen. A usual trick for employers and their representatives.

I cannot accept it, I will be left without sufficient evidence at the trial.

Link to post
Share on other sites

What documents are you hoping to receive? Would it work if they provided you with an assurance that the particular documents you are interested in will be provided?

 

If you apply for a disclosure order it is normal that they will at least be granted some sort of extension. It is sensible to agree an extension though there can be horse-trading over how long and how other deadlines will be affected.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Steampowered,

 

How much extension do you think ET can grant them?

I do not think they will deliver everything I asked because they said they'd need to assess the "releavance" (more like the degree of disadvantage) of this documents once they found them.

Link to post
Share on other sites

The length of extension depends on (1) the reason for the delay, (2) how much leeway there is to delay disclosure without affecting the trial date, (3) the mood of the judge on that particular day.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

And how 'relevant' are the document to your case? That is for you to decide and you alone, and if they are holding back on items that you know or reasonably believe that they exist, and if you can link them directly to your case, then give an ultimatum. They disclose by a specific deadline, or you will be forced to apply for an order to disclose. Tell them exactly what you need and when.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

But they will not have seen your Witness Statement yet, so how on earth can they determine the relevance of a particular document to your claim? I would remind them of that when you give them the deadline for disclosure of ALL items that you have asked for, and state that those items are necessary for your case.

  • Haha 1

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...