Employment tribunal and 'without prejudice as save to cost'

[mum88]

Hello,

No I dont think so, I will go through the emails again tonight. We were sent a document detailing all the orders and the claim and what we have to do by a certain date but nothing about sending stuff before the preliminary.

[ULA]

The document you were sent was probably the Case Management Order (CMO) which sets out dates for exchange of index of documents, copies of the documents and witness statements.

What your husband may have been asked to do before the prelim hearing is to set out in writing what remedy he is looking for and any documentary evidence supporting his claim and remedy calculations, together with details of how he has tried to mitigate his losses. If this has been asked for in the CMO or correspondence from the Tribunal and has not been actioned then the respondent's solicitors will be chasing down this information if is has not been provided in time.

[mum88]

Can I ask your opinion??

So obviously my husbands ex employer (massive company) has hired good lawyers to fight their case. We sent our documents to them yesterday (hearing is on monday) they kept saying we needed to send it to them and they will send to tribunal together with theirs. All they had is the Et1/response/prescription proof/impact statement.

So, today we receive an email to us and the ET and they have over night written an order to strike out and then literally gone over all our evidence and wrote fighting stuff to why we shouldn't be accepted to full hearing ect... is this normal tactics or just very underhand?! They basically wanted to hear out evidence so they could write opposing stuff :/ we have no representation and the preliminary is to discuss two things before main trial.

Thanks in advance

[ULA]

At any stage of the proceeding the Tribunal or either party, by way of an application to the Tribunal, can request the claim to be "struck out" for a number of established reasons. From the sounds of what you have said potentially the Respondent's solicitor is trying to do this on the basis that the claim has "no reasonable grounds of success."

Your husband will be given a reasonable opportunity to make representations, either in writing or, if requested, at a hearing. Since you have the premlin hearing tomorrow, this may well be where your husband is given the opportunity to make that representation.

[mum88]

Thanks.

We had the preliminary and the case was dismissed on the basis that there was not enough evidence at the time in question if my husband was disabled at the relevant time and therefore not just and equitable to extend time. It was definitely an experience but annoying that, when giving her reasons for that decision she said a few things that were not true;

Fir example that my husband had requested a 'to whom it may concern' letter as he was thinking about restarting his studies (he didnt request this, the consultant just gave it to him incase it was useful and he didnt restart his studies as he remained unwell for the last year...) and then he gave no reason as to why he was able to submit the claim in january and not last year but they didn't ask this! They asked him loads of questions but not this. I feel it is so biased because obviously he is unrepresented and the other side had a solicitor and barrister. Is this the end of the road now?

[ULA]

In my view if the case has been dismissed at this stage it would have been done so on the basis that the claim had no reasonable prospect of success.

Section 27 of the document I linked you to at my post #3 details what you my able to do in terms of a representation to the Tribunal explaining why the claim should not be dismissed.