Confidential information disclosure

[ULA]

It may be best to consider whether you can deal with any allowed amendment to the ET3 by the respondent in a different way rather than making a request for a further amendments to your claim. Remember you have your witness statement and also the hearing at which you can question the witnesses.

I cannot say as I have no details of either your discrimination or whistleblowing cases and it will depend entirely on what information the respondent has to put together for the bundle and how many witness statements will be needed. The respondent will need to argue there are no merits in the whistleblowing case proceeding on legal points not the amount of work it takes to defend the claim.

[Claimant0777]

Is the difference between defending a discrimination case and whistleblowing case the burden of proof? Does that mean they would then have to provide all sorts of documents to support their defense? Whereas now, it is me who needs to provide all sorts of documents to prove that their conduct towards me was wrong.

[ULA]

Your objection needs to be based on the specifics of the request for the amendment.

[Claimant0777]

Dear members,

Could you kindly guide me on how to write witness statements, please?

Should it be very detailed? How much longer than ET1 form? Are there any rules in writing such document?

Thanks in advance!

[ULA]

Is this part of the same matter for which you already have a thread running here:

Confidential information disclosure - LegalBeagles Forum

If so it then I need to merge the two threads as it is unhelpful for those of us providing advice to deal with multiple threads on the same issue, it may also impact the advice being given.

[Claimant0777]

Hi yes, it is regarding the same case. But different topics?

[ULA]

It still needs to to posted on the same thread for the very reason stated in my earlier post in that it is unhelpful for those of us providing advice to deal with multiple threads on the same issue, it may also impact the advice being given.

[ULA]

In terms of your witness statement (WS) for an ET claim there are two things to bear in mind one is layout and the second is content. On the layout the WS must be written in the first person perspective, use one and a half line spacing and use a font that is not too small to read. The WS is an account of the events that took place at work, and also what has happened since then. It should be in chronological order, with numbered paragraphs, for example:

1. On 20 November 2019, I did this, or I did that.
2. On 30 November 2019, Mr Jones of the Respondent did this or that.
3. etc

On content the aim is not to repeat what you have already stated in your ET1 claim, however what you want to do is:

1. Add in the detail or any additional information surrounding the events that you are making the claim about. Be very specific about dates/time/potential witnesses
2. Comments on the ET3
3. Details of your attempts to mitigate your loss (i.e. get another job) if appropriate to your claim.
4. Comments on the documents disclosed by the other side, which you will not have seen at the time you submitted your ET1. If there are any documents which are clearly missing, and perhaps withheld intentionally then you can add comment about them.
5. Comment on any written answers or further information obtained from the Respondent after proceeding started.

When you are commenting on the documents, it is good practice to refer to page numbers of the bundle, as the judge will be grateful for this time saving exercise when trying to cross reference your statement with the paginated bundle of documents which will be used in Tribunal.
Keep your WS succinct and to the point so no needless "waffle".

[Claimant0777]

Thanks a lot for your answer Ula!

I have checked out few websites on how to write WS but none of them gave me the tips you have given above. Thank you!

When writing the WS can I repeat what I said in my previous emails to the Tribunal regarding parts of the ET3 response, or any documents we received from the Respondent?

My next preliminary hearing will be heard after the date we should exchange the WS. In this case, can I include details of my additional whistle blowing case even before the next PH?

Or should that part be left and presented separately at the next PH?

[ULA]

At the moment from what you have said it would appear the Tribunal are treating the discrimination claim and the secondary whistleblowing claim separately. Have you approached the Tribunal to confirm that is the case?

The PHR coming up is for the whistle-blowing claim so you need to present your claim for that aspect. Clarification that the Tribunal is treating them separately would be really useful.

In your WS, which I presume is for the discrimination claim, yes you can refer to the ET3 response and comment on the documents received from the respondent but keep it factual and succinct.

[Claimant0777]

If they have different case ID numbers and a further PH is set to hear the amendment request to add the whistleblowing case, doesn't it mean they are being treated separately?

What should the correct wording be if I email the Tribunal asking for the clarification?

[ULA]

At the moment you have two claims running one for discrimination and one for whistleblowing, until the Tribunal decides that they should be treated as one claim they are two separate ones as far as I am aware.

I suggest you draft something which you can post here and I can review for you.

[Claimant0777]

Hi Ula,

I am very sorry for the confusion caused. I have checked again and can see that the case numbers are same for both cases. So, discrimination and whistleblowing are treated as one case?

By this time we should have exchanged lists of documents (to which I complied) and respond to any document requests from each other. On the day the exchange of list of documents was due, the Respondent applied for clarification and adjustment of case orders as the 2nd PH date falls after the date we should prepare our WS. Their request has been declined a week ago. But I still have not received the list of documents.

In a week's time we should agree the index and couple of weeks later the Respondent should give me a copy of the bundle.

I have asked the Respondent to provide me the list of documents in their possession few days ago, but no response.

What can I do to make them comply with the Case Management Orders?

[ULA]

That makes it easier dealing with both issues as one one claim. If this had not been done I was sure that they would be combined at the next PHR.

In your email did you give the respondent a time to respond back with the list of documents? If not then I suggest that you send a follow-up email pointing out that they have not responded to your email of xxx. Go on to say that they have not complied with the timescale as set out in the CMO, that the Tribunal has declined their application for clarification and adjustment of the case orders and therefore you require their list of document be provided to you within 5 working day otherwise you will be making an application to the Tribunal for the list of documents to be provided.

If you did give a time to respond and they have not done so in that timescale then move to making the application to the Tribunal but make sure you copy in the respondent to the email ensuring the Tribunal knows you have done this.

[Claimant0777]

Hello, a deadline for producing the WS is fast approaching.

My question is will this be the final version once we exchange the WS or could both parties add documents and amend the WSs as they wish until the final hearing date a year later?