Legal fees

[ULA]

Thank you for the further information regarding the 2 PHR's which has been helpful to put this in context of the progress of your case and explains the reason for the limitations hearing in April.

If you need help in how to prepare a bundle, if one is not forthcoming from the respondent, then please come back to this thread and I can help you out on that. Unfortunately a poorly lactose intolerant baby I have no suggestions for as I have no experience of that but I do wish you all the best in dealing with the situation.

[Kazdoyle]

Hi ULA,

Hope you are well. Thank you for all your help. I'm back again for more advice since the respondent hasn't sent the bundle to the ET and myself.

I just spoke with the tribunal agent, and was advised to scan all the documents for the hearing into one document and send it across. Can you help me with preparing a bundle ULA?

Also I would like to send an email to the Judge to request a strike out of the defence/ response since they have ignored the whole CMO. Can you help me with the wording please?


I plan to send the request to strike out asap but send the bundle only on Friday.

Would that be a wise decision?

Thanks again for your all your advice

[ULA]

In terms of preparing a bundle you need to do this as follows:

1. Page one is an index of all the documents in the bundle with their page reference number.
2. Pages 2 - xx are all the initial claim and respondence documents and any Tribunal Orders. So ET1 and Particulars of Claim, ET3 and Ground of Resistance followed by any Court Orders.
3. Pages xx - xx are then what is know as the correspondence section so all relevant emails in chronological order
4. Pages xx - xx any other miscellaneous documents again in chronological order.

In terms of the letter to the judge, I would refer you to rule 37 of the The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 which sets out the consideration of a strike out application. You need to support the ground you are requesting a strike out with evidence. An application need to be copied to the respondent when you sent it to the Tribunal and the following phrase is helpful to add "In accordance with rule 92 of the Employment Tribunals Rules of Procedure 2013, I have sent a copy of this application to the Respondent and hereby notify them that any objections to the application should be sent to the Tribunal, with a copy sent to the me, as soon as possible."

[Kazdoyle]

Hi Ula,

I'm back again. I managed to complete my bundle for the last PH in April. However a day before the hearing the R sent in the bundle. The Judge was gracious and although he struck out my sexual harassment claim due to time limit, he allowed me to add another act of discrimination to the ongoing harassment due to sex. So in total I have harassment due to sex, victimisation and unfair dismissal going to the final hearing next year in June. The judge told the R's solicitor there is undisputed evidence of a culture of bullying and he asked them to settle. He was surprised they didn't go for mediation.

As usual, the orders from the judge for preparation of the bundle for the final hearing wasn't done by the R. And they even changed solicitors without giving the ET details of the new solicitors. I filed for specific disclosure and it was approved. The R needs to send them in by 15 September.

My current concern is that I filed for a strike out of the R's defence due to no contact and bundle preparation. I did this request on the first of this month and right enough the new solicitor introduces themselves to the ET and objects to the strike out. The witness statement was due yesterday. So I emailed the ET telling them I can't exchange statements since I'm awaiting the disclosure by the R. Also there is no bundle to refer to. I don't want to agree the new solicitor's request to postpone the bundle preparation and witnesses statements. It is just reliving my trauma when I want to put this all behind me and focus on my family and life.

But I'm clueless what happens now that all the dates have passed for the bundle and witness statements. Is it my duty to either agree with their solicitor for the new dates or just wait for the ET to provide direction? My strike out application will take weeks for the ET judge to see due to the backlog.

Should I just make a bundle, send my witness statement to the other side and ask the judge to review my case? A bit confused.

Any advice will help. Thank you again.

[ULA]

So again I need a bit of context. I understand the final hearing is June 2024. What were the dates in the order for the preparation for the final hearing in respect of:

1. Bundle to be finalised (albeit there is an ongoing duty for disclosure)
2. Date of exchange for witness statements?

I ask this because it seems from your post the dates have past.

[Kazdoyle]

Apologies ULA. Here are the details:

The CMO set out by the Judge on April 17, 2023, instructed both parties to agree on the bundle by July 26, 2023, and for the respondent to send a copy of the bundle to me and the Tribunal by August 9, 2023. Unfortunately, both of these orders have been ignored by the respondent.


On 31 May 2023, R and C disclosed docs as per the CMO. R
Withheld my grievance outcome and a lot more evidence pertaining to the claim..I emailed the ET on 24 July seeking an Unless order. The Judge sends out a letter to the R by post on 1 September 2023 ordering the specific disclosure of documents by 15 September 2023. R's solicitor withdrew from the claim on 12 July 2023. No details of the new solicitor untill 30 Aug 2023.

The new solicitor tries to reach out to me on 30 Aug 2023 asking me to accept their new dates for bundle preparation. No reason given why there wasn't any contact earlier on or why the orders weren't complied with for the preparation of the bundle in July 2023. I ignored the email from the R's solicitor and emailed the ET asking for a strike out on 31 August 2023. R's solicitor objects to the strike out. I responded with all the dates and CMO's missed since the start of the claim until now.

On 6 September, I emailed the ET to let them know I can't exchange my witness statement since I'm awaiting the specific disclosure of docs on 15 September 2023 to add to my statement. The R's solicitor did not respond as they aren't ready with anything.

Not sure what happens now ULA. Will the ET step in and set new dates for the bundle preparation? From your expertise what usually happens to cases such as mine?

I can prepare a bundle of my own and include all the docs disclosed by the R on 31 May 2023. I can refer to the bundle on my witness statement and send it across after 15 September 2023. Would that be okay or will the judge force me to agree new timescales for the bundle preparation?

Any advice would be appreciated.

[ULA]

What dates has the new solicitor suggested to you for the bundle and witness statement exchange all in relation to the final hearing set for June 2024?

When you say new solicitor is it just a new name from the same firm as the old solicitor or a completely new law firm?

[Kazdoyle]

Hi ULA,

Here is the info requested:

New dates put forward by a completely new legal firm.

15 September 2023 – any further disclosure
29 September 2023 – respondent to provide a draft bundle of all documents

13 October 2023 – claimant to confirm agreement to draft bundle

27 October 2023 – final agreed bundle to be provided by the respondent

24 November 2023 – witness exchange

The old solicitor was highly qualified and a firm partner who represented the R at the two Preliminary hearings. At the second PH which was public, the judge told the R's solicitor there is undeniable evidence of bullying culture within their company and it would be better to settle. The solicitor immediately asked for my Schedule of loss. Although he did tell the judge his client isn't wanting to settle. This hearing was in April. By 12 July this solicitor and his law firm email the tribunal and me stating they are no longer working this case and a new law firm will be in contact to take over. The new law firm associate solicitor takes over and emails me on 30 Aug.

Hope this info helps to get a better picture.

Thanks again.

[ULA]

The information is all very helpful thank you and it makes a lot of sense understanding that the previous law firm has been dis-instructed and a new firm appointed.

My pragmatic view is that given the hearing that this preparation is working towards, is not until June next year, so is still a long way off, I think it would be fine for you to agree to the time table suggested by the new solicitor as it still allows for reasonable time (7 months) to prepare for the hearing. It often happens that parties agree between themselves to vary the timescales particularly if exchanges are set very far in advance of the final hearing.

[Kazdoyle]

Hi ULA,

I have my final hearing in June 2024. Since my last post, I had a strike out hearing in Nov 2023 because the Respondent failed to comply with disclosure. During that hearing the judge was extremely biased and he said some things which were unprofessional. For one, he did not read my skeleton argument for the strike out. He said it is usually claimants who don't comply with CMOs and Respondent's have to put up with this behavior. So in the interest of fairness to Respondent's, he will not strike out the claim neither award a cost order. This was all recorded by the ET since they made it a rule to record all hearings after 20 Nov 2023. After the judge made his decision, I pointed out how late the Respondent sent their skeleton argument in. He interrupted me to say I did not even send one in. I told him I sent mine in 48hrs in advance and his comment was oh yes. He did not stop to read it either. Needless to say when I spoke with other claimants, they said it would be good to appeal it to the EAT. So I asked the judge for written reasons and also requested for the transcripts from the hearing on 24 Nov 2023. The judge sent out the decision in Jan 2024. I chased for the written reasons again and the transcripts because he seemed to be deliberately withholding it. I was finally sent a copy of the reasons end of Feb 2024. As expected he got the case law wrong, he tried his best to justify the reason for excusing the continued non compliance by the Respondent. It just seemed he was an extension of the Respondent. Anyways, I ran out of time to submit an appeal. He did make some orders for disclosure to the Respondent.

The New CMO dates were
Bundle agreement 8 Jan 2024
Witness statement exchange 16 Feb

The Respondent initially refunded to include my crucial evidence to their bundle. Therefore I created a supplemental bundle and shared it with them. I did this so we can meet the deadlines of getting the bundle done. For every email I send, they take like 7-10 days to respond whereas I respond to their emails on the same day. When I send my supplemental bundle early Feb, the Respondent made a u-turn and said she will add all my documents to the primary bundle. When they send me the draft bundle, they deliberately left out some important documents again. I chased them for the last 3 weeks and only this Monday, 11 March, they inserted those documents. Mind you that these documents were in the supplemental ary bundle. I gave them a deadline to exchange witness statements by 20 March since the bundle is agreed. They response was that they have numerous witnesses and therefore can only do it on 10 April. I emailed them and copied the ET stating that I need time to review their numerous witnesses statements and prepare for the final hearing. And therefore the latest date I can agree to is 27 March at 4pm. Nothing further as I will be prejudiced since I am a litigant in person. We have already had them breach almost all orders from the ET. I gave them a deadline to respond to my email by 14 Mar, which they haven't.


I have also submitted all my medical documents which clearly shows the sexual harassment at work and bullying that contributed to my anxiety and depression. My GP has also stated my miscarriage during employment was potentially caused due to the bullying/ heavy case load work.

I am losing it at this point. What are my rights at this point ULA? The hearing is so close and they are deliberately delaying everything.

Can I request a strike out? Or do I just password protect my witness statement and send it to the Respondent on 27 March at 4pm?

Any advice will be appreciated. Thank you once again.

[ULA]

Do you know how many witness statements they are providing?

[Kazdoyle]

At the PH in April 2023, the Respondent mentioned 10 witnesses minimum. During the strike out hearing on 22 Nov 2023, the judge was setting out New CMO deadlines because the Respondent failed to meet them. At that time I asked the Judge if the Respondent can confirm the number of their witnesses. He told me it was non of my business. This was recorded by the way. So till now I don't know how many witnesses. In fact I wanted to know the one's not testifying so I could get a court order forcing them to come (ex manager and his buddy who both bullied me). But the judge wouldn't let the Respondent disclose the number of witnesses or their names.

From what I can foretell with the Respondent's behavior is that they will ignore my emails and send their witness statements on 10 April. I will have no choice and have to send them mine as well. Everything seems so unfair the way they have been getting special treatment from the ET and the judge.

[ULA]

I do understand your position. However, with the long lead times until final hearings it is not unusual for deadlines set out in CMOs to slip. Neither party is obliged to let the other party know how many witnesses they will be calling or their names. Sometimes however this information is disclosed by a party before the witness statement exchange, hence the reason why I asked if you did have any knowledge of this.

It is unlikely that an application to request a strike out (your post #25) would be successful given that the respondent is engaging with the process, albeit not adhering strictly to the deadlines.

I would suggest that you email the respondent on the morning of your suggested date of 27 March and ask if they will be ready to exchange witness statements as per your email of xxx [insert date] at 4pm so that you can ensure you send yours over. However, I anticipate you will either get no response or that they will respond saying they will exchange on 10 April. In which case send them the same email on the morning of 10 April and if no time has been agreed ask then to confirm a time.

[Kazdoyle]

Hi ULA,

I took your advice and waited for today 10 April to exchange statements and emailed them asking if 4pm works. Their response has been typical to the previous ones pasted below. None of the documents they attach are relevant and are just general CIO emails during redundancy. Every few days they keep adding such documents even though the bundle was finalised.

''I am unlikely to be in a position to exchange today – there are more documents that I have received (attached) which we will add to the bundle and resend to you.
I should be ready by the end of this week but due to a number of witnesses having been on leave last week we have not been able to get them all finalised for today, although we are not far off now.
I will keep you updated on where I am up to and let you know as soon as we are in a position. As I say I hope this will be this week.''


Can I request for a strike out and probably it will get heard on the first day of my hearing on 10 June? Or what would be my other options to persue? I need to prepare for the final hearing and need to see their witness statments (

I am so lost ULA.

[ULA]

Hi Kazdoyle I would suggest a strongly worded email about their continuing delaying beyond the deadlines set by the CMO. I can draft one for you and post it up here but it will not be until later today/this evening