Respondent fails to comply with ET directions.

[zarathustra]

Hello,

I have entered a Tribunal claim for disability discrimination against my current employer.

The respondent’s lawyer said that the claim was out of time and asked for a hearing on this point.

I complied with the judge’s directions providing a witness statement and documents.

However, the respondent’s lawyer wrote to the tribunal asking for an extension. The judge replied to say that my witness statement was particularised enough for the hearing and gave the respondent an extra week to comply with the original directions.

I have now received a witness statement from the respondent but it doesn’t comply with what the judge originally directed and it makes no reference to the point of time.

Seeing as the respondent’s lawyer requested a hearing on the point of time and no justification or evidence for this has been forthcoming, I am somewhat bemused (I am representing in person).

We are due to have the hearing to consider whether the claim has been brought within time in a couple of weeks and I was wondering whether anybody has any advice on how I ought to proceed, please?

Many thanks.

[ULA]

Firstly is this new thread related to your other thread you have been running with. If so I will merge them together as it is far more helpful to have everyhting in one thread if the issues are related If they are completely separate then I will leave them as two threads.

It would seem from what you have posted up that you have complied with everything that has been required of you by the Judge in order to present your case for why your claim should be considered.

Do you believe that is is out of time? Or is the respondent correct but you have strong mitigating reasons (supported by case law if there is any) as to why it is out of time but should still be considered by the Tribunal?

[zarathustra]

Hi,

thanks for the reply. It’s the same case but a different issue so it’s up to you whether you’d be better merging the e
I entered the et1 within three months of a discriminatory act. I was ordered by the judge to provide writtenavh reasons ywhy my claim was brought within the relevant time. I dutifully did this and submitted a witness statement prior to the deadline.

the respondent requested the hearing because they said that my case was out of time. The judge asked them to provide their reasons and evidence to say why it was out of time. They have submitted a witness statement. However, they have made no mention to the time issue, as directed.

seeing as they requested a hearing on the time issue, but have not submitted any evidence for it, I am a little bemused.

[ULA]

If you have done everything required of you by the Judge and the respondent has not then that is there issue and no doubt something that the Judge will bring up at the hearing.

[zarathustra]

Is it worth me writing to the tribunal before hand to highlight it? Especially as the hearing is currently listed for 1 day.

Any idea whether the judge is minded to do more than just reprimand them?

Much appreciated.

[ULA]

What you could do is write to the respondent and copy the Tribunal to acknowledge receipt of the witness statement but point out that is does not comply with the order of the Judge.

What action the Judge may or may not take will depend on their view of the impact on the presenatation of the respondend's case in regard to the issue of time.

[zarathustra]

Hello again, thanks again for the reply and yes, I was thinking of writing to the Tribunal in those kind of terms.

Can you please explain what you mean by this:

“What action the Judge may or may not take will depend on their view of the impact on the presenatation of the respondend's case in regard to the issue of time.“

The respondent hasn’t made any reference to the time point in their statement, (they requested the hearing on the point of time)...

much appreciated.

[ULA]

Firstly you cannot write to the Tribunal without also writing to the respondent so send the one email to both of them in the "To" line so that they know the other has been included.

Sorry if I did not make myself clear. The Judge will have to take into consideration the fact of how well the respondent has or, given what you have said, has not presented their case in order to review all the facts and come to a consideration about whether your claim is in/out of time. However, even if they have not presented their case in regard to the time issue by way of a statement to the Tribunal as directed, it may well be that the Judge allows then to do so at the hearing itself. You must also remember that the Judge may also have a view as to the legal position on the issue.