The comparator relied on ?

[Confused80]

I'm currently supporting my wife who has a mental health disability with her ET claims against her former employer, We have been asked by the respondent to supply details of the comparator relied on, whether an actual comparator or hypothetical for both direct disability and direct sex discrimination, Due to the complexity of the case I'm finding it extremely difficult to find actual comparators and also struggling to understand what can be used as a hypothetical comparator. please can someone help with how I can provide this ?

[echat11]

Hi CONFUSED80

I'm sure ULA will advise, but in the meantime here's some info on 'comparator's'

https://www.citizensadvice.org.uk/la...ination-cases/

https://www.lawclinic.org.uk/wpstrat...mination-2.pdf

[ULA]

Hi Confused80 if the information provided in post #2 certainly by the link to CAB (please be careful of the second link as the reference is in Scotland which does have a variation to employment outcomes from England and Wales) has not helped provide you some guidance then please come back to this thread, however we will need further information in order to try and point you in the right direction.

[Confused80]

Hi Confused80 if the information provided in post #2 certainly by the link to CAB (please be careful of the second link as the reference is in Scotland which does have a variation to employment outcomes from England and Wales) has not helped provide you some guidance then please come back to this thread, however we will need further information in order to try and point you in the right direction.

Thank you for the reply, I will send you an email this morning with more details.

[Confused80]

I'm after some advise with my wifes employment tribrunal claim to see if she can request the respondents defence is struck out for not complying with a direct instructiom of the judge ? The respondent was requested to provide comments in response to the claimants evidence provided by 29th November, the respondent failed to respond to this order and has not requested addional time to respond. thank you for any advice in advance

[echat11]

You should continue on the existing thread.

[ULA]

Threads merged echat11

Confused80 please can you keep everything related to supporting your wife through her ET claim on this one thread, otherwise it is very difficult for those of us trying to assist you, to provide comprehensive advice of we cannot look back and gain a complete understanding of what is going on through the case.

[ULA]

So currently they are two days out of time? This does not justify a request for a Strike Out at the moment.

Do you have a hearing date and if so when is that?

Have you gone back to the respondent and asked them what the delay is in providing the information as requested in the Order and in the required timescales?

This should be the first action taken and maybe requesing that they respond to you in within a certain number of days. If they do not comply or do not respond, next stage is a chaser, again giving them a time to respond but then stating that if you do not hear anything you will be making an application to the Tribunal requesting an Order to comply with the Judge's instructions.

[Confused80]

Thank you ULA and apologies for starting a new thread, The preliminary hearing is early in January, I will take on your advice and send an email tomorrow morning to the respondent whilst also cc the tribunal.

[ULA]

No worries much easier now that the threads have been merged.

I presume these comments are needed for the PHR which of course you need in advance for your preparation. if that is the case then pease do act quickly given the PHR is in early Jan and in which case I am amending my advice in post #8 sliightly.

Send your initial email today asked them politely whether there has been a delay at there end in providing the information as requested in the Order and in the required timescales? Ask them to sent it within 7 days and then notifiy them that given the closeness of the hearing, if you do not hear anything you will be making an application to the Tribunal requesting an Order to comply with the Judge's instructions.

This email does not need to be sent to the Tribunal, however if you do get to the point of having to make an application to can refer to it when making that application.

[Confused80]

After taking on the advice of ULA I wrote a reminder letter to the respondent but also included the ET, Within the same day the ET wrote a reminder letter to the respondent giving them 7 days to provide the information requested, But strangely the Respondent has failed to respond again within the timeframe?

If I now apply to the ET for the respondent to be struck out what will this mean for the case ? will this also stop us from providing additional information and evidence that we was going to provide as part of the case management at the preliminary hearing ? This non compliance of the respondent has completely thrown us.

[ULA]

If the Respondent has not met the timescales as requested by the Tribunal on both occasions you may find that the Tribunal themselves decide to strick out part related to what has not been provided or all of the response.

[Confused80]

Just a bit of an update,

Despite the Respondent failing to respond again to the judge, The respondent has been given a 3rd extension until December 23rd to provide the information requested. Which now leaves us minimal time between until the preliminary hearing on January 5th.

under the circumstances should I hold out returning the case management form until a response is received ? Or is there some wording I can put in that says we reserve the right to amend the form if the respondent later provides this information ?

Finally, Within the case management form, section 3 asks for details of a remedy, I can provide details of loss of earnings and belongings etc but have no clue on the financial value for, Disability & Sex discrimination, Injury to feelings resulting in personal injury & Constructive dismissal. Do I have to put a value on these or can i write something to cover this ?

many thanks

[ULA]

Are you meaning the Case Management Agenda which is due to arrive with the Respondent and the ET no later than 2 days before the preliminary hearing (PH)? If that is the case you should have received the information from the Respondent in time to complete the Agenda and send out in the required timescale.

Have you started to complete a Schedule of Loss, which sets out the unfair dismissal part of the claim and does have a pre-determined format? There is then the discrimination element and the injury to feeling, for which the Vento bands linked to below should be used.

https://www.judiciary.uk/wp-content/...addendum-1.pdf

[Confused80]

Yes that is the correct form ULA, to be honest I’m only filling this out today but really struggling with what is expected within some sections even with completing it alongside a detailed guide I found online , especially section 4 ? If I’m understanding it correctly I list questions for the ET to answer in regards to each claim. Do you know of any links to a completed form online that could help me better understand what is expected within each answer ?