Confidential information disclosure

[ULA]

Sorry I just need to understand after submitting the ET3 the respondent made an application to amend, which was approved so long as the amendments were detailed in the WS or did they have to appear as tracked changes on the ET3?

At the PHR, did the Judge detail how you should make the amendments to your ET1? Again was it to detail this in your WS or to actually amend your ET1 via tracking?

I presume that on sending your amended ET1 (whichever way that was) to the respondent they needed to make further amendments to what was already their amended ET3?

[Claimant0777]

Exact wording was like this:

The Respondent should note that it's disclosure requirement extend to relevant releasing documents to the pre- and post-amendment position as well as the circumstances of the amendment. This matter will also need to be dealt with in the Respondent's Witness Statements.

No the judge did not give detailed instructions. She just said this part is allowed, other part dismissed.

Based on the fact that Respondent sent their updated ET3 response with tracked changes after some parts of my claim amendment request was allowed, (but I had not sent any updated ET1 claim showing effects of the further PH) I assume I should have sent mine in as well? But I am not happy that their latest ET3 with tracked changes does not show at all the deletion request they submitted earlier, which was allowed with the above conditions.

[ULA]

The instruction is clear that the documents to be provided by the Respondent are the one pre the change and then the one post all the changes and give the details of the circumstance that has given rise to the amendments. The Respondent must also detail this pre/post position within the content of the WS. How that is set out is not specfically identified by the Judge it will be down to the Respondent - the main action is to have complied with the instruction.

If you were required to send your pre/post amendments to the Respondent as well, then yes you should have done this.

If there were any interim amendments then it would not appear these are being required to be shown by the instruction.

[Claimant0777]

This instruction had applied to their earlier amendment request for deletion of a paragraph where they lied.
Then after the further PH, they were allowed to change their response because my amendment request was allowed. Now after the second PH they have sent an amended respondent's statements which delete the paragraph where they lied, but do not show any trace of it. In this version they have identified their latest change in response to my amendment with tracked changes.

Will this last version be added to the bundle only? If yes, it doesn't show the deleted paragraph at all, no trace. That's what I am worried about because that paragraph clearly was a lie and would definitely put their credibility under question.

[ULA]

If you think they have deleted something on the post amended dcoument without tracking it and it was on the pre-document being referred to by the instruction I suggest you just go back to the Respondent by email and make that point to them and ask them to reinstate that paragraph in the post document but then they need to track it as deleted.

[Claimant0777]

Hi Ula,

I hope you are well.

Do you know what should I do if I am victimised at work? Do I have to raise a grievance and go through ACAS again or can I add a victimisation claim to my ongoing discrimination claim?

[Claimant0777]

The Respondent said that because they have already sent that version with untracked change to the ET, they were not going to replace it. Instead, they would include the original ET3 in the bundle so the judges can see for themselves. Do you think judges would really look at those details in a more than 1000 pages bundle? Or should I bring the point to the attention of the ET?

[ULA]

If you are being victimised at work then the very least you need to do is go through the grievance procedure as a starting point.

If you then want to bring a claim aganist your employer and you cannot just add it to your current discrimination claim. You would need to make an application to the ET who would then need to review this and decide whether it can form part of your current claim or whether it is in fact a new claim.


In regard to the document you are concerned about then it would appear that the Respondent has agreed to cover this by including the original ET3, which they would have needed to do anyway. If this gives what you need then that should be fine, although if you want to make this specific point to the Tribunal then it would be best to cover this within your witness statement.

[Claimant0777]

Hi Ula,

Thank you for your support, and I am forever grateful to you for this.

Could you explain at what stage I can request the people who work for the Respondent to come to the Tribunal as witnesses, please? I have asked the representatives of the respondent to share a list of witnesses, they haven't done so yet. I am not sure if I could even ask for their witnesses list.

Anyways, I wrote to them suggesting they invite the people who I would like to give witness statements too. I don't know if I should have done it or not.

What do you suggest I do, ULA ?

Many thanks in advance!

[ULA]

The process for witness statements is that you need to contact directly any person who can give evidence to directly support your claim. They ideally need to be witnesses who are willing and able to confirm your allegations against your employer to the employment tribunal. You will have your witness/s other than yourself and the respondent will have theirs.

Your witness/s will need to complete a statement that sets out what they saw/when/time/who was present etc that can support incidents that you may be setting out in your claim or any other aspects of your claim.

If you are asking people who are still employed by the company to be witnesses they may be reluctant to be involved, particularly as they will be required to attend the hearing. There is a process via the Tribunal to order a witness to attend a hearing, however it is not advisable to to down this route,

Each party will only know who has been called at witness at the point witness statements are exchanged prior to the hearing.

[Claimant0777]

Hello!

I am glad to say that I have received a copy of the judgement letter and it's a positive news for me! Thanks a lot for your help ULA!! I couldn't have managed to represent myself without this forum and your help!

Now there will be a remedy hearing, although I don't know how soon.

My question is will the employer still have a chance to ask for conciliation at this stage?

Is there any way to keep the case private? I have some reasons for thinking it would be better to keep it private.

[ULA]

Claimant0777 so pleased to hear you had a positive outcome at your ET hearing and glad you found the forum helpful in that process.

Yes offers to settle before a remedy hearing can be made.

No ET cases, except in extreme circumstances are public hearings and the judgment will be available online.

[Claimant0777]

Hi ULA,

Thanks for your help. A remedy hearing date has been set recently. In effect, the decision said yes there was decriminalisation, but even if you were not discriminated against during the shortlisting process, you were unlikely to be selected for the position as the person appointed to the role is more qualified than you.

What does this mean in terms of compensation? My loss of earnings is minimal, therefore could you explain how much I could claim for injury to feelings award according to Vento guidelines, please? My original claim according to Vento was about 45k, I believe.

[Claimant0777]

Also, what documents should I provide for this hearing? A new bundle?

[ULA]

You say your loss of earnings is minimal but you still valued your claim according to Vento at 45K which puts it as the upper band for the most exceptional cases what was your justification for putting your injury to feeling in that band?