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Hi, its several years since I used this forum, which helped somewhat, however I lost my ET because the respondent destroyed evidence, perjured themselves and conspired together. I held evidence of that, but as most will understand the process affects your health and takes every ounce of strength to get through it, so I took it no further.
So 6 years on, my partner who is still employed by the respondent, established that they were subjecting others to the same miserable treatment. She has suffered mental health issues because of the treatment she was subjected to at the time. A situation arose in 2018 and she raised a Whistleblowing matter. At first it was dismissed but after raising a further concern it progressed to an investigation, which is still being investigated. So far the independent investigation supports everything that she has told them. In the meantime she was subjected to bullying, she raised a grievance which was not dealt with despite her putting pressure on them. She raised a further Grievance and a further WB matter, Nothing progressed until she raised the matter with the ET, some 20 months after raising the WB matter.
She is dealing with matters as a litigant in person and has got through the prehearing. Dates were set for each part of the process to be completed. The respondent provided their disclosure, from which we established that they had left out a significant amount of relevant documentation. My wife had obtained documents from the respondent through Right of Access requests over the last two years (they had originally failed to cooperate with that process until the involvement of the Information Commissioner) In my wifes disclosure she disclosed all of the documents, that she held, but most of the documents should have already been disclosed by the respondent. In our opinion the respondent had withheld the documents from their legal department, we also believe that there are far more documents available, that have never been disclosed at all(emails refer ). She is intending to bring to the tribunals attention the considerable missing documentation and look for them to draw inference from that.
The legal department have said that my wife should provide all of the documents that she has listed as it would be more efficient and less costly. My wife has indicated that as the respondent has destroyed documentation in the past, giving them the opportunity in complying with disclosure in providing everything will help them .
The Judge has advised that they will not consider a special disclosure order whilst some matters remain outstanding, however reminded the respondent that they should comply with disclosure. The respondent has revised a new schedule they have said that as the 10 day trial is so far off, so long as both agree it will not impact the trial. My wife is happy for the revised schedule however the respondents legal team have written back to the ET, again suggesting that she provide the documents to which my wife has put her case forward to the ET. So far she has not received a response from the ET and the time set for the documents to be provided fast approaches. She is prepared to provide individual documents if the respondent explains why they are unable to produce them. The amount of documents that are currently in dispute is in excess of 200.
Would my wife be expected to provide the documents, even though it is something the respondent should have responsibility for ?
If my wife provides the documents, would it reflect poorly on the respondent and should it be mentioned in her witness statement ?
She has completed a witness statement, which currently consists of the background, all meetings and correspondence that is relevant, she has referred to/ made comments in relation to all issues raised in the Prehearing case management summary and hopes to include relevant case law. The statement is double spaced and size 12 font, unfortunately it currently stands at 169 pages which she knows she has got to reduce significantly. She intends to look through the statement to highlight the most pertinent parts and bundle less important parts/evidence together.
Would someone please be able to give us advice on the disclosure issues and how to go about limiting the size of the witness statement?
What is the standard size for the font and spacing, we have read somewhere that preferably the maximum numbers of pages in a witness statement is 25 and elsewhere have read that the size of the witness statement is limitless, because the entire case needs to be explained without having to refer to the evidence.
My wife is attempting to aim for between 40 to 60(maximum) pages. but is concerned that vital evidence will have to be left out.
So 6 years on, my partner who is still employed by the respondent, established that they were subjecting others to the same miserable treatment. She has suffered mental health issues because of the treatment she was subjected to at the time. A situation arose in 2018 and she raised a Whistleblowing matter. At first it was dismissed but after raising a further concern it progressed to an investigation, which is still being investigated. So far the independent investigation supports everything that she has told them. In the meantime she was subjected to bullying, she raised a grievance which was not dealt with despite her putting pressure on them. She raised a further Grievance and a further WB matter, Nothing progressed until she raised the matter with the ET, some 20 months after raising the WB matter.
She is dealing with matters as a litigant in person and has got through the prehearing. Dates were set for each part of the process to be completed. The respondent provided their disclosure, from which we established that they had left out a significant amount of relevant documentation. My wife had obtained documents from the respondent through Right of Access requests over the last two years (they had originally failed to cooperate with that process until the involvement of the Information Commissioner) In my wifes disclosure she disclosed all of the documents, that she held, but most of the documents should have already been disclosed by the respondent. In our opinion the respondent had withheld the documents from their legal department, we also believe that there are far more documents available, that have never been disclosed at all(emails refer ). She is intending to bring to the tribunals attention the considerable missing documentation and look for them to draw inference from that.
The legal department have said that my wife should provide all of the documents that she has listed as it would be more efficient and less costly. My wife has indicated that as the respondent has destroyed documentation in the past, giving them the opportunity in complying with disclosure in providing everything will help them .
The Judge has advised that they will not consider a special disclosure order whilst some matters remain outstanding, however reminded the respondent that they should comply with disclosure. The respondent has revised a new schedule they have said that as the 10 day trial is so far off, so long as both agree it will not impact the trial. My wife is happy for the revised schedule however the respondents legal team have written back to the ET, again suggesting that she provide the documents to which my wife has put her case forward to the ET. So far she has not received a response from the ET and the time set for the documents to be provided fast approaches. She is prepared to provide individual documents if the respondent explains why they are unable to produce them. The amount of documents that are currently in dispute is in excess of 200.
Would my wife be expected to provide the documents, even though it is something the respondent should have responsibility for ?
If my wife provides the documents, would it reflect poorly on the respondent and should it be mentioned in her witness statement ?
She has completed a witness statement, which currently consists of the background, all meetings and correspondence that is relevant, she has referred to/ made comments in relation to all issues raised in the Prehearing case management summary and hopes to include relevant case law. The statement is double spaced and size 12 font, unfortunately it currently stands at 169 pages which she knows she has got to reduce significantly. She intends to look through the statement to highlight the most pertinent parts and bundle less important parts/evidence together.
Would someone please be able to give us advice on the disclosure issues and how to go about limiting the size of the witness statement?
What is the standard size for the font and spacing, we have read somewhere that preferably the maximum numbers of pages in a witness statement is 25 and elsewhere have read that the size of the witness statement is limitless, because the entire case needs to be explained without having to refer to the evidence.
My wife is attempting to aim for between 40 to 60(maximum) pages. but is concerned that vital evidence will have to be left out.
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