ET3 Inaccuracies and errors. Bundle

[darrell]

Hi, i have supporting documents to refute these Inaccuracies and errors. Do i refer to these in the witness statement as they appear Example: The Area manager only contacted you on annual leave because you had not told him you were on annual leave` I have the document that shows when i booked it , the dates and the date it was Authorised by the Area Manager.. So my question is when i get to the part of my story / witness statement that i was contacted when on leave /days off do i say ` Please see the paragraph in the ET3 that says this and to see the Document that refutes this?

[ULA]

With the limited information provided I can only make the following observations:

1. The document that you have supporting the booking and authorisation of the annual leave should form part of the bundle.
2. When you are dealing with this point in your witness statement (at the correct point in the chronology) you need to refer to the relevant part of the ET3 in the bundle where you believe the inaccurate statement was made and then refer to your document with its relevant page number in the bundle proving that you booked holiday and that it was authorised.

[darrell]

Hi, Many thanks for that answer, it was really important. One more thing, If my witness still works for the company can he refer to anything that's happened since my departure or has he to keep his statement relevant to the time frame the events took place in up to my departure from the company.

Example being if sales targets were unrealistic and unachievable and this forms part of my Constructive dismissal claim , after i leave they drop to manageable levels, can he state this? Kind regards Darrell

[ULA]

The WS needs to be relevant to the issues of your claim. This means that it should be an account of what they actually witnessed directly of the events that are set out in your claim.

Where the sales targets set for everyone at these "unrealistic or unachievable" levels for all staff or just you>

[darrell]

Hi, they were set for the shop/team the supporting witness is assist manager of ( i was manager). Kind regards Darrell

[ULA]

I am not sure what the targets for the shop/team have to do with your constructive dismissal claim?

However in answer to your question my initial response at post #4 still stands. Your witness could then make one final paragraph point to say that since xxx date the targets have been set at yyyy which is a more realistic target.

[darrell]

Hi, once the bundle has been created can the respondent and claimant use any document etc in the bundle to refer to in the witness statements. . Regards Darrell

[ULA]

Once the bundle has been created and the documents exchanged this gives time before the exchange of witness statements for references to be made in those statements from relevant parts of the bundle.

[darrell]

Hi, your help has been invaluable. Nearly every paragraph of the ET3 has a mistake , error or not factual , that i can support with a document. Would constant ref to the ET3 and the supporting document in the witness statement interrupt the flow of the story or become annoying, or is this a good thing for me.

Also if i have no supporting document to go with it do i still refer to it on my witness statement. kind regards Darrell

[darrell]

Hi, If a document/email comes to mind that could be very important to the case could you ask the respondent for it ,whose control it is in. The disclosure deadline is up and we have disclosed.

[atticus]

yes.

[ULA]

darrell is this thread in relation to your other thread in the employment forum regarding ET3 inaccuracies. If so then I will need to merge the two threads.

[darrell]

Hi, ok , yes it is , kind regards Darrell

[ULA]

What you need to do is just reference the point and then the relevant page number in the ET3 or supporting document.

You do not need to have a supporting document for all the relevant facts that you are making in your WS. Please remember you need to create your WS in chronological order of events and short paragraphs numbered sequentially.

[darrell]

Hi, This morning i asked the respondent for a couple more documents in there control, just 2 emails. One was sent to me the other will follow. Later today i had this email ...

In relation to the Case Management Orders dated 6 May 2022, the tribunal has only allocated two weeks for the preparation of witness statements in this case.

On that basis that this is a very short timeframe and the fact that the hearing bundle will contain roughly 100 documents, can I suggest that we revise the date for exchange of witness statements to 1 August 2022 (i.e. an additional two weeks).

I do not believe that this would be prejudicial to either the Claimant or the Respondent given that the final hearing for the case is not until November 2022.

Is this a tactic? i only say this because they also tried to get an extension for there ET3. regards Darrell

[atticus]

You can of course ask.

[darrell]

Hi, What i am asking is that i have written my statement and all i need to do is slot in the relevant information to refer to in the bundle as and when it appears. I can keep to the time frame in the case management orders. The respondent has there own legal team , why is it they cant?

[ULA]

It is often the case that either party will ask the other party for an extension of the deadlines given in the CMO particularly, as in this case it is not detrimental to the timescales, given when the hearling date is set for. It still gives several months for you and the other side in that respect to prepare your case.

Well done for you being ready but in my opinion you maybe should consider agreeing to the extension.