Unfair Dismissal

[00five]

As part of my UD claim with my ex employer, the LT had requested for the respondent to prepare the bundle in the case management orders. However, they are choosing to exclude some vital info for their convenience. Despite me requesting it to be included over and over again, they claim these are not relevant to the case i.e they have decided for me that the info I am requesting is not needed!. Is this allowed please and can they decide which documents go into the bundle? Do I have to give them an explanation/justification as to why I feel it's necessary to include particular documents as part of my document list?

The other issue is that I have been given a final hearing by the tribunal and the respondent is writing to the tribunal to merge my case with a colleagues case (who has got a preliminary hearing due to a discrimination issue) and include my case with the other ex employees preliminary hearing. I have written to the tribunal objecting to this but they are going out of their way requesting that this is the best option as it will save tribunal time and their costs. I feel they are being cheeky and using these intimidating tactics knowing I am representing myself.
Any advice will be greatly appreciated. Thank you.

[ULA]

I presume the exchange in regard to the documents is in writing, so there is verifiable proof you have requested them, the reasons why and then the respondents response to this.
What you can do is apply to the Tribunal to grant an Order for Disclosure, then you will need to list the documents and reasons why you are requesting then and relevance to the case. You will also have to detail the date/s on which you requested these documents from the Respondent and their reasons for not providing them. You should conclude by making sure the Tribunal are aware that under rules 30(2) and 92 of the Employment Tribunal Rules of Procedure 2013 you have send a copy of the application to the Respondent's solicitor.

Are you and your colleagues claims the same?

[00five]

I presume the exchange in regard to the documents is in writing, so there is verifiable proof you have requested them, the reasons why and then the respondents response to this.
What you can do is apply to the Tribunal to grant an Order for Disclosure, then you will need to list the documents and reasons why you are requesting then and relevance to the case. You will also have to detail the date/s on which you requested these documents from the Respondent and their reasons for not providing them. You should conclude by making sure the Tribunal are aware that under rules 30(2) and 92 of the Employment Tribunal Rules of Procedure 2013 you have send a copy of the application to the Respondent's solicitor.

Are you and your colleagues claims the same?

Thank you.
Do I have to justify/give reasons as to why I need a particular document do be included?

Yes we are both claiming for Unfair Dismissal but the other person as Discrimination in addition to that. Hence the reason the tribunal gave a Preliminary hearing for them and a final hearing for me.

[ULA]

Yes you do need to give reasons as to why you need the documents to be included if you are going to try to justify to the Tribunal why they should grant an Order for Disclosure on the respondent.

Well they have admitted they are trying to save their costs. I am not sure how they can include your case which is at final hearing with a prelim hearing case since in the latter they are usually about clarifying the issues and maybe "striking out" parts of the claim if it is found to be weak, however I am not an expert on this procedural point.

You have made your objections clear to the Tribunal and I assume you copied the respondent into that correspondence, it is now up to the Tribunal to decide on whether yours and your colleagues claims should progress separately or not. So I suggest you just wait and see what the Tribunal decide - I presume the respondent is trying to get you to withdraw your objection? If it continues you might just want to politely write to them and confirm that your objection will not be withdrawn and suggest that both parties just wait until a decision is made by the Tribunal.

[00five]

Yes you do need to give reasons as to why you need the documents to be included if you are going to try to justify to the Tribunal why they should grant an Order for Disclosure on the respondent.

Well they have admitted they are trying to save their costs. I am not sure how they can include your case which is at final hearing with a prelim hearing case since in the latter they are usually about clarifying the issues and maybe "striking out" parts of the claim if it is found to be weak, however I am not an expert on this procedural point.

You have made your objections clear to the Tribunal and I assume you copied the respondent into that correspondence, it is now up to the Tribunal to decide on whether yours and your colleagues claims should progress separately or not. So I suggest you just wait and see what the Tribunal decide - I presume the respondent is trying to get you to withdraw your objection? If it continues you might just want to politely write to them and confirm that your objection will not be withdrawn and suggest that both parties just wait until a decision is made by the Tribunal.

Despite us both objecting they keep writing to the tribunal and say that if we do not object to this ASAP they will assume we are ok with this!
Hence I am going to write to the tribunal (cc respondent) to say I do object as if i were to get legal assistance this would cost me more money and may have an impact on my witness statements etc

They have now come up with an another issue saying they want to add another respondent to this case. A company based overseas and if the tribunal does include this non uk based co. they will dismiss their claims with us and we will have to lodge a new claim with the tribunal. Although part of our team was done offshore, we had nothing to do with this company. Our employment contracts are from the UK company and nothing was changed upto the date we left.

[ULA]

When you have sent your written objections to the Tribunal have you copied in the respondent? To adhere to

rules 30(2) and 92 of the Employment Tribunal Rules of Procedure 2013 you have to send copies of any correspondence to the Tribunal to the respondent or their representative. If you are not sending them copies then I suspect that is why they keep writing to the Tribunal.

I would suggest that you also look for any legal argument/cases to support not combining your claim and your colleagues as this will add more weight to your case for objecting.

This is an interesting case in regard to your further point

https://www.slaterheelis.co.uk/emplo...n-certificate/

[00five]

When you have sent your written objections to the Tribunal have you copied in the respondent? To adhere to

rules 30(2) and 92 of the Employment Tribunal Rules of Procedure 2013 you have to send copies of any correspondence to the Tribunal to the respondent or their representative. If you are not sending them copies then I suspect that is why they keep writing to the Tribunal.

I would suggest that you also look for any legal argument/cases to support not combining your claim and your colleagues as this will add more weight to your case for objecting.

This is an interesting case in regard to your further point

https://www.slaterheelis.co.uk/emplo...n-certificate/

Thank you for this.
Yes when ever I have written to the Tribunal I have always copied the respondent and the same with the tribunal in every correspondence,

[ULA]

Well done that is really important.

Not sure why the respondent is therefore making such a deal to the Tribunal about not seeming to know you have objected. I am sorry to say but as an unrepresented person some legal representatives for the other party do try and take advantage of this.

[00five]

Well done that is really important.

Not sure why the respondent is therefore making such a deal to the Tribunal about not seeming to know you have objected. I am sorry to say but as an unrepresented person some legal representatives for the other party do try and take advantage of this.

Yes that's exactly how I feel that they are taking advantage of the fact that I am representing myself. I find this odd really as if they have the real facts, they as professionals don't really need to various things to delay the process or deviate the from the main issue.