Off the Record

[Hubs]

Hi, looking for a little advice.

I'm a litigant in person.

Taken the Respondent to ET for unauthorised deductions from wages. (Unpaid holiday & deductions from final pay)
I included a claim for failure to provide section 1 statement and 25% uplift for failing to acknowledge a formal grivance I raised after my employment ended.
I resigned.

Hearing was today, was given another trial date after my application to amend my ET1 was granted.

During the hearing the judge asked if we agree to talk ‘off the record’ we both accepted, during which the respondent admitted they didn’t give me a section 1 on the first day of my employment.
The Judge told them this was a breach of section 1, minimum of 2 weeks max of 4 weeks compensation as a result.

My question is, can this admission be used during the 2^nd hearing with it being ‘off the record’

Also, the Respondent failed to abide by any of the case management orders or witness statement exchange orders and hasn’t provided any of the information I’ve asked them to disclose.

The judge asked me to re-send them my evidence, schedule of loss and witness statement and gave them 14 days to issue their response upon receipt of mine.

My biggest concern is that respondent will ‘manufacture’ some kind of evidence to suggest they gave me a section 1 at the beginning of my employment as they were dishonest in court today.

Thoughts?

[atticus]

I do not understand why the judge should have said that anything would be "off the record". Perhaps he was trying to push the Respondent to settle. But I don't think that, having agreed this basis, you can use this admission. My suggestion would be to write a letter requesting a formal admission that no section 1 statement was ever issued.

I doubt that this judge can properly hear the trial of the case.

[Hubs]

Thanks Atticus, that was a quick reply.

The Judge was trying to push the respondent for a settlement. This was after the judge granted my application to amend the et1. He said he wouldn't be judging the 2nd hearing due to the off the record discussion.

Who do I send the request to, the Respondent?

I can use the admission, or was that a typo and I can't? lol

[atticus]

Sorry, typo. You can NOT use the admission.

Your letter should be to the Respondent.

[Hubs]

And if they refuse to give me that admission?
Is there anything I can do?

[atticus]

You are asking them to save you the bother of proving something. If they don't admit what you ask them to admit, then you must prove it.

[Hubs]

Yes, I know what you mean.

I just feel the judge today gave them an off the record heads up that a section 1 should have been provided on day 1 and told them it wasn't
No they have 2 weeks to 'manufacture' something to suggest it was.

A bit disappointing really.

[ULA]

Is the respondent also a LiT or did they have legal respresentation?

[Hubs]

Is the respondent also a LiT or did they have legal respresentation?

Yes they were LiT

[ULA]

That would potentially explain why the respondent has not understood the importance of complying with case mangement and exchange orders as would be expected from a respondent with legal representation. In addition it now puts some sense into why the Judge acted in the way he did.