ET Hearing

[Ndurennai]

Hi all

I am wondering if CPR practice direction applies in ET cases. I have a hearing date next February but, I've requested some documents that my employer is unwilling to release.


1) police attended an incident whilst I was on break, so I couldn't attend to said incident. I need a copy of the police report of the incident because it will show clearly that at the time I was on break.

2) I need an incident report from the organization that called the police because it would show the time police were called, etc. This organization has a service-level agreement with my former employer.

Any advice or ideas would be appreciated. Thanks

[atticus]

No. It is the Employment Tribunal Rules which apply.

https://www.legislation.gov.uk/uksi/...chedule/1/made

[Ndurennai]

No. It is the Employment Tribunal Rules which apply.

https://www.legislation.gov.uk/uksi/...chedule/1/made

Thanks

I'll write ex-employer again if they refused to send those I'll let the ET Judge know about it

[ULA]

Ndurennai do you know that your ex-employer does in fact have copies of what you are requesting?

If so when you write to your ex-employer this time, can I suggest you inform them that if they do provide you with the documents or a statement of why they cannot provide them to you, then you will be making an application to the ET for disclosure.

Do you know the correct protocol for making an application for disclosure to the ET? If not and you need to do this, then come back to this thread and we can provide you some assistance.

[Ndurennai]

We write in advance of the preliminary hearing, on Feb 2023. The purpose of the preliminary
hearing is to consider case management, in advance of the final hearing on Sept 2024.

We have prepared the attached case management agenda and list of issues. The agenda sets out
those issues we consider will need to be addressed at the preliminary hearing; and the list of issues
set out the legal questions that the Tribunal will need to consider at the final hearing.

The Tribunal encourages the parties to agree on the agenda and list of issues, where possible. Please
can you review the agenda and list of issues and provide your comments, by return?

We will prepare a bundle of documents, which will include both of these documents, and will send
this to you in good time before the preliminary hearing.



I received the above from the respondent's solicitor. Please I'll appreciate any advice on the next step I should follow as a litigant in person. Thank you

[ULA]

It is normally that the Tribunal will send a Case Management Agenda (same document) to each party to be completed and submitted by each to the Tribunal in advance of the preliminary hearing (PHR). The aim is to see where there is agreement and/or disagreement prior to the PHR. It is not normal as far as I am aware for the respondent to co-ordinate the preparation of the two agenda's.

Question I have is, has the respondent's solicitor asked you for any documents you want to have put in the bundle? Where the respondent is represented it is normal for them to prepare the bundles for any hearing, however that has to include documents that you want to rely on to support your claim and evidence at the hearing.

[Ndurennai]

We write in advance of the preliminary hearing, on Feb 2023. The purpose of the preliminary
hearing is to consider case management, in advance of the final hearing on Sept 2024.

We have prepared the attached case management agenda and list of issues. The agenda sets out
those issues we consider will need to be addressed at the preliminary hearing; and the list of issues
set out the legal questions that the Tribunal will need to consider at the final hearing.

The Tribunal encourages the parties to agree on the agenda and list of issues, where possible. Please
can you review the agenda and list of issues and provide your comments, by return?

We will prepare a bundle of documents, which will include both of these documents, and will send
this to you in good time before the preliminary hearing.



I received the above from the respondent's solicitor. Please I'll appreciate any advice on the next step I should follow as a litigant in person. Thank you

I think, probably because they're preparing the bundle they're taking control of everything.

In their defense, they said there are question marks on my claim. They said the appeal is ongoing, I didn't request for that, ex-employer said though I've left they'll complete their appeal procedures. I didn't bother because my grievance letter it took 6 months before they got back to me (giving excuses that the investigation officer went on holiday, difficulty in getting colleagues to interview, etc. I don't believe them, obvious they're buying time. Finally, they said I raised harassment & bullying not grievance that they have a specific form for grievance. I said no but they continued with grievance procedures/stages and refused to engage acas for the same reason they haven't finished, I didn't attend such meetings.

They've not asked me for any documents because the ex-employer has all paperwork.

[Ndurennai]

I think, probably because they're preparing the bundle they're taking control of everything.

In their defense, they said there are question marks on my claim. They said the appeal is ongoing, I didn't request for that, ex-employer said though I've left they'll complete their appeal procedures. I didn't bother because my grievance letter it took 6 months before they got back to me (giving excuses that the investigation officer went on holiday, difficulty in getting colleagues to interview, etc. I don't believe them, obvious they're buying time. Finally, they said I raised harassment & bullying not grievance that they have a specific form for grievance. I said no but they continued with grievance procedures/stages and refused to engage acas for the same reason they haven't finished, I didn't attend such meetings.

They've not asked me for any documents because the ex-employer has all paperwork.

[ULA]

I am concerned about your comment of "because they're preparing the bundle they're taking control of everything". This is your claim that you are pursuing and it is very important that you agree with the documents that the respondent is including AND making sure that any document you want to rely on are included in the bundle as well. If you know of, or have a document/s that you need to support your claim and you do not ensure that it is in the bundle, then you cannot rely on it at a hearing.

If they are saying there are questions marks against your claim, then all the more reason that you need to make sure that you have everything available to the Tribunal to support your claim.

Although as a litigant in person, the respondent should be mindful of this fact, they often are not. In essence it is not down to them to ask you what documents you want included, you should be forthcoming in letting them know what documents you want to rely on and provide copies if they do not already have them. Do not assume that your ex-employer has a complete paper-trail of everything needed by both parties and they may also pick and choose what gets put into the bundle as they will be concentrating on those that supports their defence.

[Ndurennai]

I am concerned about your comment of "because they're preparing the bundle they're taking control of everything". This is your claim that you are pursuing and it is very important that you agree with the documents that the respondent is including AND making sure that any document you want to rely on are included in the bundle as well. If you know of, or have a document/s that you need to support your claim and you do not ensure that it is in the bundle, then you cannot rely on it at a hearing.

If they are saying there are questions marks against your claim, then all the more reason that you need to make sure that you have everything available to the Tribunal to support your claim.

Although as a litigant in person, the respondent should be mindful of this fact, they often are not. In essence it is not down to them to ask you what documents you want included, you should be forthcoming in letting them know what documents you want to rely on and provide copies if they do not already have them. Do not assume that your ex-employer has a complete paper-trail of everything needed by both parties and they may also pick and choose what gets put into the bundle as they will be concentrating on those that supports their defence.

Thanks, I could see what they're trying to do because so many facts have been misrepresented to weaken my case.

I'm compiling what I want to be included in the agenda, I shall email them shortly.

I'm thinking of calling ET to know why I wasn't sent a separate agenda to complete, the respondent sent me the agenda & list of issues pre-filled.

The Respondent talked about preparing a bundle before the preliminary hearing is that correct? I thought the bundle is prepared at the hearing stage i.e. for the actual or main hearing.

[ULA]

Depending on the claim and the list of issues it can sometimes be helpful for a bundle to be prepared for the preliminary hearing. It should only be a small bundle and contain documents relevant to the agenda.

[Ndurennai]

Thanks, I could see what they're trying to do because so many facts have been misrepresented to weaken my case.

I'm compiling what I want to be included in the agenda, I shall email them shortly.

I'm thinking of calling ET to know why I wasn't sent a separate agenda to complete, the respondent sent me the agenda & list of issues pre-filled.

The Respondent talked about preparing a bundle before the preliminary hearing is that correct? I thought the bundle is prepared at the hearing stage i.e. for the actual or main hearing.

Respondent not willing to engage (I sent email requesting for documents they didn't reply)11111111 ]]]]]]]]]]]]]]]]] nd me separate agenda

[ULA]

Sorry but some of your last post does not make sense "11111111 ]]]]]]]]]]]]]]]]] nd".

Do you know what is being put in the bundle by the Respondent.?

What documents do you have that you would like to present at the preliminary hearing in respect of the issues as set out in your version of the Case Management Agenda?

[Ndurennai]

Sorry but some of your last post does not make sense "11111111 ]]]]]]]]]]]]]]]]] nd".

Do you know what is being put in the bundle by the Respondent.?

What documents do you have that you would like to present at the preliminary hearing in respect of the issues as set out in your version of the Case Management Agenda?

Sorry I was half asleep when I wrote my last post.

I meant to write:

The Respondent didn't acknowledge or reply to my email requesting documents I wish to rely on. And I could send my list of issues that I wanted to be included in the agenda, I received an email with the bundle they sent to ET and copied me in.

I don't think they wanted to engage with me, so I wrote ET and I was sent the agenda form. I shall now complete said form and attach list of issues and send it directly to ET but copy Respondent.

I followed acas procedures but, the Respondent is disputing the last straw that it's out of time because of some historic events I mentioned in ET1.

[Ndurennai]

Yes, I've got a copy of their bundle which contains:

ET1 & ET3, Their Agendas and List of issues.

I wrote ET to complain that the Respondent didn't want to engage, which isn't fair and just.