ET3 not sent to Claimant

[dondada]

Just a little tip; You can make a Subject Access Request It would give more documents than that which was disclosed

 

You could do it now but I prefer after witness statements have been exchanged

Edited September 8, 2018 by honeybee13
Paras

[gorbat]

Thank you.

 

I need Respondent to disclose proceedings of the similar case to prove inconsistency of my treatment. However, as they can say it is confidential information, how can I do that? I already asked them to disclose that information but they did not reply.

[JasJules]

Proceedings as in a Tribunal Claim? If you have matters which are relevant to proceedings then you can make an application for an order to disclose it.

 

It helps if you have asked them 2-3 times for the information and set say a 7 day deadline for response then at the 7 day point on failure send the chaser.

[gorbat]

Internal proceeding related to my case.

[JasJules]

Internal proceeding related to my case.

 

You need to be more specific. Exactly what do you think exists? You will need to identify what documents you say exist when asking the Respondent to disclose them then the ET. You will also need to state how/why those documents are relevant in order to obtain any order for disclosure (you can of course note that cost to the Respondent is NOT a consideration when it comes to disclosure).

 

Simply put you need to be accurate. Anything else will be seen as a fishing exercise and will not be given.

[dondada]

Thank you.

 

I need Respondent to disclose proceedings of the similar case to prove inconsistency of my treatment. However, as they can say it is confidential information, how can I do that? I already asked them to disclose that information but they did not reply.

 

In a Court (Tribunal) action, there is no confidentiality The Judge would ask to see the document and decide if it is confidential I believe they would have to disclose it

 

Have you submitted a Discrimination Questionnaire?

 

The other side doesn't need to respond but it is still a good idea to ask

 

See this website

 

 

http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf

Edited September 16, 2018 by honeybee13
Paras

[gorbat]

No, I didn't . Thank you for the link, however it has no preview, text.

[gorbat]

https://docs.google.com/viewer?docex=1&url=http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf

 

I googled it

[dondada]

Sorry about that

 

The pdf should be in lower case

 

 

http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf

[gorbat]

Update:

Respondent's solicitor is playing unethically . Witness statements are to be sent by 1 November 2018 . However, they still temper with the hearing bundle. So, i don't have the final hearing bundle and can not , in my witness statement, refer to any page or document from the bundle.

 

I requested omitted pages to be added, some to be replaced as it is illegible. What they did, is to make new bundle which have only asking documents ( not all ) and they omitted now allllllll my evidence, put just their. It is so unfair and stress me out. I emailed them now that if they don't send me final bundle I will prepare supplementary bundle pages. Please tell me what claimants do in this cases , when respondent obviously omit and not taking claimant's evidence in the bundle?

 

Another question:

You told me to make subject access request , which I will definitely after witness statement's exchange , seeing how unethically they behave. I am asking who from i have to request that ? From Respondent's solicitor or from Respondent ( company ) directly ?

 

Thank you .

[dondada]

Make the SAR directly to the company itself Make it clear that you would consider it an act of victimization if they delay and/or fail to release your personal data

 

 

Regarding the omitted documents, make your own supplementary Bundle However, you can make another request for the documents to be included

 

 

Copy the Tribunal into your request

Edited October 25, 2018 by honeybee13
Spacing

[gorbat]

@ Dondana . Thank you very much.

They sent me finally agreed bundle pdf.

 

I have to exchange witness statements soon. I have one witness. I want to ask, can I refer to points made in witness statement of mine, even if it still is not in the bundle?

[JasJules]

What points are you seeking to refer to? If there are additional documents you can append them to your WS and refer to them that way.

[gorbat]

Make the SAR directly to the company itself Make it clear that you would consider it an act of victimization if they delay and/or fail to release your personal data

 

 

Regarding the omitted documents, make your own supplementary Bundle However, you can make another request for the documents to be included

 

 

Copy the Tribunal into your request

 

I am writing SAR, found template on https://www.workingfamilies.org.uk/articles/2686/ . It says at the end 'within one month' which is later than my hearing. Can I write until the hearing? Give them 10 days?

[gorbat]

What points are you seeking to refer to? If there are additional documents you can append them to your WS and refer to them that way.

 

I want to refer to a statement of alleged victim they have not included in the bundle, but of which I was accused, for reason that 'victim' did not give a consent for that to be given to me/ notes to be released to me.

 

I also want to refer to another process that would show that my disciplinary process was flowed. Namely, they engaged another, independent person to chair a grievance ( not even disciplinary ) , whilst my disciplinaries were started chaired, investigated and decided by one person.

 

I also want information that another coworker's mental disability is taken into account for giving a lesser action/ sanction.

[gorbat]

Update:

We exchanged witness statements. One of respondent's witness is the main person who heard my appeal. It witness statement , in my view is absolutely inadmissible. Comments, opinions, arguments, reference to evidences of other witness . referring to what I said ( of course wrongly ) but not giving any evidence ( no notes of the hearing in the bundle) , and not referring to any evidence in the bundle. I read that should point to judge to exclude such witness statement as evidence, can I ? It would be waste of time to cross examine the person. The person gave its decision, and now in the witness statement is 'explaining' the decision , which already was given. Not even giving reference to that decision.

 

As for the expert witness report regarding my disability, Respondent enquired , it is confirming my point, that i have had been mentally challenged at the time of disciplinary.

[JasJules]

Ask yourself what is more valuable to you:

 

A Witness statement full of holes that you can tear apart and destroy the witness under cross ex

No witness statement.....

[dondada]

I don't think you can determine that someone's statement is inadmissible

 

You should start writing the questions you are going to ask If the witness statement is devoid of details, you should ask questions so as to provide details to the Tribunal The other side always tries to give as little information as possible

 

It is your job to ask the right question to get to the root of the matter It is your job to ask the right questions to reveal the facts the other side is trying to conceal It is not so difficult but you need to be sure of your destination and think of how to ask the right question to lead to there

 

I see it as a positives when someone gives little info It gives me the opportunity to dictate the direction of the questioning

 

Start writing your questions now

Edited November 5, 2018 by Andyorch
Paras/Quote removed

[gorbat]

Tomorrow was the hearing 10 am. However, I 've got email from tribunal now , 15.12 that case os not ready for the hearing and tomorrow will be a preliminary to decide on my disability .

I handed gp letter on the first ! disciplinary , ( final warning) , nothing was done, not even mentioned, neither on the final warning nor in the dismissal. I claimed disability adjustments. They denied it . Asked for independent expert to give a statement. Expert indeed confirmed that I am disable as to act. I received the statement through bundle. Never sent to me as independent review. Never pointed to as the expert statement. Now, some judge sent me email to come tomorrow , instead to hearing to another preliminary hearing! to decide on my disability !!!!!! Please tell me is this normal , as I don't see it normal. And if it is normal , tell me why it is normal. Judge hired 3 ! hours

[dondada]

Tomorrow was the hearing 10 am. However, I 've got email from tribunal now , 15.12 that case os not ready for the hearing and tomorrow will be a preliminary to decide on my disability .

I handed gp letter on the first ! disciplinary , ( final warning) , nothing was done, not even mentioned, neither on the final warning nor in the dismissal. I claimed disability adjustments. They denied it . Asked for independent expert to give a statement. Expert indeed confirmed that I am disable as to act. I received the statement through bundle. Never sent to me as independent review. Never pointed to as the expert statement. Now, some judge sent me email to come tomorrow , instead to hearing to another preliminary hearing! to decide on my disability !!!!!! Please tell me is this normal , as I don't see it normal. And if it is normal , tell me why it is normal. Judge hired 3 ! hours

 

The Judge wants to know if you are disabled according to the Equality Act 2010

Take your GP's letter

Also, a question a Judge would ask is the Impact Statement

Impact Statement is simply for you to tell how your disability affects you on a day to day basis

Another issue is that you need to go back to the Respondent's defence

What did they say?

That's where most of the questions would come from

I believe they are going for a technical knock out

You would need to step up if you are to scale through

[gorbat]

The Judge wants to know if you are disabled according to the Equality Act 2010

Take your GP's letter

Also, a question a Judge would ask is the Impact Statement

Impact Statement is simply for you to tell how your disability affects you on a day to day basis

 

Yes, Judge ordered Impact Statement, and postponed main hearing until next year. Disability will be decided at main.

I not only have GP letter, but also independent expert statement , also about my day to day activities.

 

Another issue is that you need to go back to the Respondent's defence

What did they say?

That's where most of the questions would come from

I believe they are going for a technical knock out

You would need to step up if you are to scale through

Respondent did not say too much in witness statements.

Their defence is that they acted reasonable, and procedure was fair.

Please explain 'technical knock out' and 'scale through' ?

 

Next week there will be telephone conference with Judge whether to offer judicial mediation. Is this important ? Or is it like with ACAS negotiations?

[JasJules]

I think he may simply mean that if you are not disabled you can not pursue a discrimination claim.

[dondada]

Yes, Judge ordered Impact Statement, and postponed main hearing until next year. Disability will be decided at main.

I not only have GP letter, but also independent expert statement , also about my day to day activities.

 

 

Respondent did not say too much in witness statements.

Their defence is that they acted reasonable, and procedure was fair.

Please explain 'technical knock out' and 'scale through' ?

 

Next week there will be telephone conference with Judge whether to offer judicial mediation. Is this important ? Or is it like with ACAS negotiations?

 

 

What was postponed? s it the Preliminary Hearing that was postponed or the Full Merit Hearing? It is important as it would determine how you prepare

 

Also, did you make the SAR again?

Edited November 28, 2018 by honeybee13
Paras

[gorbat]

Sorry for not replying earlier, just saw your message.

Full merit hearing is postponed.

 

I have mediation now.

 

Yes, I made SAR, they responded,

 

lot of information is missing.

 

also I suspect they falsified some documents.-modified them now to adduce the case against me.

 

they redacted(blacked out) lot of text .

 

they used exemptions - legal privilege - with HR services -in my view it is not reason for exemption ,

and negotiations ? - this is unclear to me ,

are acas and judicial mediations - the negotiations under the term of DPA for SAR exemption? or dpa relates to settlements during employment?

[dondada]

Mediation is when a judge (or similarly qualified person) tries to settle the case

S/he would also look at he merit of your case

Finally, I don't think the other side falsified any document

They may have concealed some document but they didn't falsify any

Please don't make such allegation before a judge as that puts them off

Edited December 19, 2018 by Andyorch
Quote unnecessary