The comparator relied on ?

[ULA]

In regard to section 4 the issues being referred to will generally be made up of both factual and legal issues.

Factual issues are those such as the respondent claims it was a resignation and the claimant says they were dismissed.
The legal issue are the legal tests, or questions, that a tribunal must ask itself in a particular case, and then determine the answers, having heard all of the evidence and legal arguments.

in Identifying the legal issues that the tribunal need to consider then you need to be aware of the relevant legislation and determine the key legal tests or questions that need to be consider. For example given my limited knowledge of the claim, things such as:

1. If the claimant was disabled, why did the employer fail to make reasonable adjustments?
2. What steps would have been reasonable for the employer to have to taken to avoid any disadvantage?
3. At the relevant time, could the respondent have known, or could it have been reasonably expected to know, that the claimant had that disability with that effect, and that the claimant was placed at the disadvantage claimed?

Hope this helps give you some more practical guidance.

[echat11]

These might help -

https://medium.com/adviser/open-and-...e-5a292eb20f4f

https://dls.org.uk/wp-content/upload...al-tactics.pdf

[Confused80]

Thank you ULA & ECHAT11,

The Respondent has failed yet again to provide the information requested by the ET by December 23rd, This is now the third date missed with no correspondence to suggest why these deadlines have not been met.

It is instructed by the ET that the agenda for case management is due 7 days before the preliminary hearing (Wednesday 29th December) under the current circumstances I highly doubt the Respondent is going to comply so feel sending the completed agenda may leave us at an unfair disadvantage but also don’t want to not follow the ETs instructions.

We’re just left completely baffled by the respondents actions and are concerned that this tactic of not complying will get them struck out prior to us being able to provide all the evidence we hold ? We are tempted to provide all evidence etc now to the ET but are wary that the ET who is being very lenient may provide the Respondent further extensions rather than striking them out.

we are completely lost so any advice how to move forward prior to Wednesday would be very helpful but understand due to the holiday period and short deadline this may be difficult.

[ULA]

The Case Management Agenda is due to be completed by both parties and returned to the Tribunal in the timescales as set out. Just because the Respondent has not been adhering to the instructions from the Tribuanl then that does not mean that you should do the same. By not doing so you weaken any argument you have in regard to the conduct of the Respondent in not complying with the instructions of the Tribunal.

[echat11]

The Case Management Agenda is due to be completed by both parties and returned to the Tribunal in the timescales as set out. Just because the Respondent has not been adhering to the instructions from the Tribuanl then that does not mean that you should do the same. By not doing so you weaken any argument you have in regard to the conduct of the Respondent in not complying with the instructions of the Tribunal.

Agree, keep a diary, summarize the Respondents failures in writing nearer the hearing, then make sure the Chairman of the Tribunal has the opportunity to consider the Respondents failures.

It might well be a 'tactic' on the Respondents part, just so you behave in a similar way to the Respondents conduct on case management.

Do what you have to do, when you have to do it.

[Confused80]

Thank you both once again, I presumed that would be the sensible thing to do.

Without jumping the gun can you advise on what usually happens if the Respondent does get struck out for not complying? Will we still get a chance to provide further information/evidence of would a judge rule on what information they hold at the time of striking out.

[ULA]

For the Tribunal to strike out because of unreasonable conduct which potentially, based on what you have posted about their actions, this may be considered as, then the ET must be satisfied that a fair trial is no longer possible, and that it is proportionate to strike their response for that reason.

Effectively the respondent would have lost their right to defend your wife's claim and judgement would be entered. It is then likely that there would be a hearing to work out how much to award your wife, this is typlcailly known as the Remedy Hearing. You may be ordered by the Employment Tribunal to prepare your documents in advance of the Hearing, in which case you should follow the directions of the Employment Tribunal and provide what they require in order to consider the amount that your wife is claiming.

[Confused80]

I’m just completing the agenda to send off tomorrow, I’ve looked at the link ULA posted with the Vento Bands and used that for injury to feelings, do I use the separate bands for the Sex and disability discrimination ? Or can I leave for the ET to decide?

Constructive unfair dismissal - Completed with template

Disability discrimination

Sex Discrimination

Injury to feelings resulting in personal injury - Claimed in excess of upper band due to attempt to take life, long term hospital stay and developing a life changing disability

Negligence of personal property - Completed with template


many thanks once again, We couldn’t of got through this without the support of ULA !

[ULA]

So what you need to think about when putting together the value of the claim are the following 4 elements and whether you can provide the necessary evidence, particlulary for 3 and 4:

1. Money lost because of the discrimination - this is called financial loss and covers loss up to when your wife is likely to get a new job, if she has not currently started working again. If she is working again then it is up to the point she started her new job. This was probably covered in the template that you are referring to.

2. Hurt or distress suffered because of the discrimination known as "injury to feelings" - Vento bands

3. Personal injury, such as depression or a physical injury, caused by the discrimination. Given what I know of your wife's situation this may be a possibility, although she would need a medical report or other evidence to prove the discrimination caused the health problem/s.

4. If there was any particularly bad behaviour by your wife's employer, then an award can be made for what is known as "aggravated damages". It is unusual to get an award for aggrevated damaged. However, if it can be proven that the employer has deliberately discriminated against your wife when they knew what they were doing was against the law, or they acted in a particularly unpleasant manner when they defend the claim then an award for this aspect may be considered by the ET.

Ultimately, if your wife is successful in her claim it will be down to the ET as to what would be awarded but as far as possible you should make an attempt at setting out the value of her claim.

[Confused80]

Another update, The Respondent has failed to meet the deadline set out by the ET for exchanging the Agenda of Case Management, That’s now the last 4 deadlines for information missed without any type of response. The preliminary hearing is meant to be on Wednesday. Shall I wait for the ET strike out the Respondent or shall I send a letter to the ET requesting this due to unreasonable behaviour and failing to follow the ETs directions ?

[ULA]

ET's are not very quick to decide to strick out part or all of a claim/defence and as you have already found they will give a lot of leniancy and chances for the party to emedy the situation.

You can consider making a strick-out application and if so you will need to submit this request as an attachment to an email to the relevant ET. That attachment needs to set out all the details of the tribunal hearing the claim, the respondent and claimant details in the correct format. You then need to detail the request for an application to strick-out and the reasons why the ET should consider this. You also then need to set out that this has been copied to the respondent as required by the specific rules (with the correct numbers) as set out in the Employment Tribunals Rules and Procedure.

[Confused80]

At today’s preliminary hearing the respondent failed to attend or contact the ET once again, The judge has informed they are striking out the Respondents defence of the claim for several failures to comply with instructions, They are sending out a letter I presume still via email by Friday and then allowing the respondent 14 days to respond to the strike out.

is allowing 14 days to respond normal practice when striking out ? It seems to me they have been given enough chances to respond to instructions and failed already.

[ULA]

Rule 37(2) of the The Employment Tribunals Rules of Procedure 2013 states "A claim or response may not be struck out unless the party in question has been given a reasonable opportunity to make representations, either in writing or, if requested by the party, at a hearing."

So therefore the Judge is quite right to proceed on this basis.

[Confused80]

Can any of you advise if the order below means the respondent has until the end of today or tomorrow to respond? This was issued on Tuesday 18th January. I’m not sure if the 18th counts as day 1

In the light of the respondent’s failure to reply to correspondence and attend this hearing and pursuant to rule 37 (1) (c) and (d) of the Employent Tribunal Rules 2013 the respondent is directed within 14 days of the date of promulgation of this order:
To notify the claimant and tribunal in writing whether it continues to defend the

[echat11]

I've always taken it to mean 14 days after the date on the letter, so that would be after tomorrow.