Hi there,
I'm new to this forum so hopefully I posted in the correct thread.
I represented myself at a tribunal in September and the case was a bit like David & Golliath (I work for a very large well known company)
Anyway, I had plenty of evidence to prove my colleauges (Respondent) were not being truthful at the hearing. In this case there were 4 colleagues for the respondent and just me as the claimant.
After the hearing took place, we were advised that a judgement would follow in due course (still waiitng). However, the following day I found some additional evidence to support my claim and also, highlight that the respondent's version was completely untrue.
I submitted this evidence and asked if the judge would consider when making their judgement. A few weeks later I found an email that literally blew their whole version out of the water, so again I referred it to the judge for consideration.
At this point, I was not aware that I needed to also request permission from the respondent - so when it came to light that I had submitted new evidence, I was advised by their counsel that they strongly object to the additional evidence being submitted and that I had my chance at the hearing (so to speak).
A few weeks later the judge advised that the judgment was made prior to receiving my request and therefore has not been considered. At the moment, I am not aware if this is because my case was upheld.
My question is, I submitted the first part of my evidence within 24 hours of the closing submission and the second part a few weeks later. More importantly, this evidence was not readily available to me at the time hence why it was not submitted during the hearing.
I am fully aware that if my case is not upheld, I can request a review under the Ladd v Marshall test:
1. The evidence could not be obtained with reasonable diligence for trial ( I contacted IT on various occasions and the day after the hearing they attempted a sync with old hard drives and this is when the information came to light) (second piece of evidence was an email that I didn't realize I had printed and when having a clearout it was tucked at the back of cupboard);
2. The evidence must be such that if given would probably have an important influence on the case though it need not be decisive;
3. The evidence must be such as is presumably to be believed, it must be credible, though it need not be incontrovertible.
Can anyone advise whether they have experienced a respondent brazenly sticking up for one side when there is copious amounts of evidence to show they are not telling the truth (under oath)?
Another question I have is that, would the judge have even looked at the evidence provided to them even if they had made their judgement?
The waiting game is certainly taking a toll on my health, but despite this, I am struggling to understand how the company in which we all work for, we hell bent on protecting the guilty and reprimanding the innocent.
Surely a fair case from the respondent point of view is to get the bottom of it and follow procedures accordingly? Yet, it's all about them and how they can be protected.
Grateful for any advice or experiences you are happy to share with me .
Thanks in advance
I'm new to this forum so hopefully I posted in the correct thread.
I represented myself at a tribunal in September and the case was a bit like David & Golliath (I work for a very large well known company)
Anyway, I had plenty of evidence to prove my colleauges (Respondent) were not being truthful at the hearing. In this case there were 4 colleagues for the respondent and just me as the claimant.
After the hearing took place, we were advised that a judgement would follow in due course (still waiitng). However, the following day I found some additional evidence to support my claim and also, highlight that the respondent's version was completely untrue.
I submitted this evidence and asked if the judge would consider when making their judgement. A few weeks later I found an email that literally blew their whole version out of the water, so again I referred it to the judge for consideration.
At this point, I was not aware that I needed to also request permission from the respondent - so when it came to light that I had submitted new evidence, I was advised by their counsel that they strongly object to the additional evidence being submitted and that I had my chance at the hearing (so to speak).
A few weeks later the judge advised that the judgment was made prior to receiving my request and therefore has not been considered. At the moment, I am not aware if this is because my case was upheld.
My question is, I submitted the first part of my evidence within 24 hours of the closing submission and the second part a few weeks later. More importantly, this evidence was not readily available to me at the time hence why it was not submitted during the hearing.
I am fully aware that if my case is not upheld, I can request a review under the Ladd v Marshall test:
1. The evidence could not be obtained with reasonable diligence for trial ( I contacted IT on various occasions and the day after the hearing they attempted a sync with old hard drives and this is when the information came to light) (second piece of evidence was an email that I didn't realize I had printed and when having a clearout it was tucked at the back of cupboard);
2. The evidence must be such that if given would probably have an important influence on the case though it need not be decisive;
3. The evidence must be such as is presumably to be believed, it must be credible, though it need not be incontrovertible.
Can anyone advise whether they have experienced a respondent brazenly sticking up for one side when there is copious amounts of evidence to show they are not telling the truth (under oath)?
Another question I have is that, would the judge have even looked at the evidence provided to them even if they had made their judgement?
The waiting game is certainly taking a toll on my health, but despite this, I am struggling to understand how the company in which we all work for, we hell bent on protecting the guilty and reprimanding the innocent.
Surely a fair case from the respondent point of view is to get the bottom of it and follow procedures accordingly? Yet, it's all about them and how they can be protected.
Grateful for any advice or experiences you are happy to share with me .
Thanks in advance
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