Employment Tribunal respondent vexacious - **SUCCESS**

[Shelley181146]

I have bought a claim against a previous employer for wrongful dismissal, unpaid holiday pay, non payment of Statutory Notice Pay and one other issue which is valid but not necessary for the purpose of this post. (protecting identity)

The employer is a sole trader and flaunts the law on many issues and has no respect for employees past or present.

He lies about everything and takes no responsibility for his actions.

We were due to exchange witness Statements and evidence relied upon for our case end of June and I applied to the Tribunal for an extension giving reasons etc. However, as no response was received from the Tribunal (they have a back-log of correspondence) by the day before the due date, I submitted my bundle and witness Statement to the respondent which was duly signed for (received on time inline with Tribunal Order).

However, the respondent did not comply.

A few days later I received the Tribunal's agreement to my extension. The respondent has had no prior contact with either the Tribunal or myself until today, whereby we have received an email requesting a further extension due to him having allegedly been on holiday.

The hearing is almost upon us and whilst my previous employer has the unfair advantage of having received my bundle as ordered by the Tribunal, I am sure that his delay tactics are vexacious and intended to hinder my case.

As the Tribunal have a back-log I am not sure if I request an 'Unless Order' whether this would make any difference to the timeframe involved. I am more inclined to request a change of date as the case has only been set for the standard 3 hours, and in the absence of the respondents bundle not having been received I cannot assure the Tribunal that sufficient time has been planned for this case.

What course of action(s) do the Tribunal have available in these type of situations? Can I request my case be heard in the absence of the respondents evidence and witness Statement?

[Emmzzi]

I appreciate it's irritating, but keep a cool head. IME they will grant an extension because people are allowed to have holidays.

 

What kind of hearing is it? Three hours may well be plenty.

[Shelley181146]

With the back log the Tribunal currently has, it's obvious it will be allowed and I'm not frustrated by this, its the fact that the employer has not been on holiday he's lying through his teeth. He had plenty of time to exchange bundle's by the due date, he signed for my bundle so obviously was in the country.

 

What has probably happened is one of his employees has been on holiday and he's using that to delay the matter, not to mention that they will be committing perjury if they attend and go on the stand.

 

The opening of the case, witnesses to take the stand, cross examination before the Judge delivers their decision will take more than three hours..........

[Emmzzi]

Keep focused on the meat of the case, not the peripheral distractions

 

If it isn't long enough, and can't be extended on the day, you'll reconvene.

[Shelley181146]

The Tribunal have advised that they will not start a case and reconvene if not completed. It is our responsibility to advise the courts of suggested timeframe, based on the complexity of the matter. 

If the respondent doesn't comform to the Order, then I will let the case go ahead because in all probability I will win by default. However, if the respondent does comply (finally) with the Order then I will be at a disadvantage as the respondent will have had a month to consider the documents and gather his responses etc, whereas I will have just over a week.

 

The purpose of exchanging bundles at the same time is so that both parties receive documents at the same time, thereby no one is disadvantaged than the other.

 

I am looking for specific guidance on how a judge will consider the vexacious underhanded tricks of this case because I am trying to ensure the courts time is not wasted or misused.

[Emmzzi]

47 minutes ago, Shelley181146 said:

 

I am looking for specific guidance on how a judge will consider the vexacious underhanded tricks of this case because I am trying to ensure the courts time is not wasted or misused.

 

In my experience they will completely ignore them because they'd rather hear the case than adjudicate he said/ she said.

 

Did you have a preliminary hearing? At that, they would have have assessed the complexity of the case.

Edited July 8, 2019 by Emmzzi

[Emmzzi]

Also, have a wee look here

 

https://www.co-oplegalservices.co.uk/media-centre/articles-sept-dec-2018/what-happens-at-an-employment-tribunal/

 

"It's worth noting here that in some instances the case will be adjourned, which means it is stopped and will resume another day. This usually happens when the Tribunal hearing runs out of time or one person wants to consider an out of Court settlement. Other times the Judge or panel will actually stop the Tribunal, perhaps because one side admits fault, or it is abundantly clear what the outcome should be."

 

 

[Shelley181146]

Emmzzi, i have finally received the respondents bundle and witness Statement 2 weeks after the case management order date, which gives me less than 10 days to go over it before the tribunal hearing.

 

It is blatantly obvious that the respondent has used my bundle to complete his witness Statement,  and to obtain 2 employees witness Statements all dated after having received my documents.  He has even photo copied a piece of my evidence to use in his bundle!!!

Am i permitted to raise this in my questioning of the witnesses because clearly they will be lying under oath?

 

The tribunal has a backlog of 6-8 weeks delay on their emails and i am convinced we'll require more than the allocated time. 

 

If i email the tribunal today, im not sure how soon it will get picked up and processed and donot want to inconvenience the courts.

 

Do you have any suggestions? TIA

[Emmzzi]

It’s not at all clear to me that the statement timing means people are lying. Stick to facts about the case when questioning.

 

Do you have a number to call the court?

 

Also, have you been to sit in on a few cases?

Edited July 15, 2019 by Emmzzi

[Shelley181146]

Think you have misunderstood my post.

 

Having received the respondents witness statement(s) and supporting evidence, it is clear (within that evidence and statements) that he has lied.

 

Having read the Employment Tribunals rules together with the Presidential Guidance Notes I have emailed the Tribunal quoting rule 30 requesting a postponement and reasons. I have spoken with the Tribunal today but their systems had crashed AGAIN, seems to be happening frequently lately.

 

I have observed E.T's recently and will again this week, and have made very valuable notes for my case.

 

Have you won an E.T or what is your experience in these matters?

[Emmzzi]

I refer you to my signature.

[Shelley181146]

Update:

I am really pleased to advise that i attended my tribunal yesterday and i WON!

His solicitor approached me before entering the tribunal to ask if i would accept a weeks wages to go away? I knew from this they had doubts about their position and for me, it wasn't about the money in particular it was the principle that i am an honest person and wanted justice so i declined their offer.

The case was adjusted from 3 hours to all day.

Wrongful dismissal is a hard issue to win and representing myself i knew that i could put my case across strongly and accurately and then it would be in the hands of the judge.

The respondents tried to throw so much mud at the case hoping it would stick, but the judge saw through it all.

My character and my professionalism are in tact.

 

Now i wait to see if the ex boss pays up or whether i take him to the small claims court!

 

It is a tough process and can be stressful, but if you believe you are in the right then i recommend you have a chat with ACAS, which you have to do before going to E.T and be guided on their wealth of knowledge and go for it.

 

I'm now preparing to represent a family member in their case.

[Emmzzi]

Very glad it worked out for you!

[honeybee13]

Well done Shelley. I'll amend your thread title.

 

HB