Application for better Particulars on the respondents ET3

[Benny8902]

Received the respondent's ET3, throughout the ET3 'Grounds of Resistance' I have noted inaccuracies with dates, actions, and matters relating to grievances, including a new "allegation" they have put on me which has never been documented before or raised and they had plenty of opportunity, seems to be stuck inside to just "lie" - "SAR" shows this is a lie though.

My question is should I submit a "FURTHER AND BETTER PARTICULARS" request under 'Rule 31 of Schedule 1 to the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013' and use close ended questions, such as:

• In relation to paragraph X of the ET3 response dated 'x', did the Claimant object to 'something'? Additionally, can you provide any documentation from grievances confirming whether the Claimant stated his objection was during "a period" or after the fact?

Around 30 questions would follow the above format but with 'yes' or 'no' appended so they can't plead a case or wiggle free. Would this be allowed?

It would be used for the below reasons;

• Seeking essential clarity to allow you bring/defend the claim;
• 1o expose weaknesses and encourage settlement;
• To hit a pressure point and encourage settlement;
• To limit the extent of the claim;
• To highlight weaknesses for the Judge/Panel at Trial

Would it be wise to make an application?

Or should I wait until after the PH (1st one) which is due in 3 weeks, and then raise these issues?

How should I proceed?

Can any 'case law' be provided which would assist me. I have searched and can't find any which would be "useful" in these circumstances.


Scotland. I am a litigant in person

[ULA]

My knowledge is based in England & Wales jurisdiction and although broadly similar I do know there are some differences which I may not be aware of.

What type of claim as you making?

[Benny8902]

Hey ULA


That would be for, disability discrimination, whistleblowing, harassment, unfavourable treatment.


It part of the background as they see it, before they get to denying the claims as expected.

It's confusing how they could get factual information which is within emails as that was how we communicated throughout grievance and more.


Thank you

[Retromau5]

Hello Benny8902 ,I'm currently experiencing a very similar situation to yours, so I thought I'd share where I'm at at the moment. The grounds of resistance I received in response to my claims was littered with inaccurate information, all of it showing my ex employer in a better light than they have behaved, so when I sat back and thought about it, it was to be expected really. This is a group of people that stretch across several department in a global company, all of them either believing they've done a brilliant job, or so terrified of being found to have broken the code of conduct or rules that they are willing to bend the truth to distant themselves from any blame.

In your case management PH, you'll be more than likely asked to outline your disability (as I was), and be given a date which this has to be done by, and be asked for more information relating to the 'whistleblowing'. Speak to Protect, the whistleblowing charity about this, the information I got from them has helped me understand my situation a lot. Ultimately my whistleblowing claim is going to be dropped as I can't show a direct causal link to the dismissal, which is quite hard to do and there's no point trying to argue something if it's just going to muddy the water so to speak.

I wouldn't ask for further and better particulars at the moment, as it stands they've put forward a response that's easy to challenge and disprove, why give them the chance to put it right before they have to start submitting evidence to back it up? Concentrate on your claim being as solid as it needs to be and listen carefully to the ET Judge in the PH, I found the one dealing with my case incredibly helpful.

Hope this helps

[Benny8902]

Hello Retromau5 Good luck and thank you for the advice. Much appreciated.

[Benny8902]

I did notice they are also pleading the wrong case number. They are pleading someone's else 'case Number', but with there response to mine.

[Retromau5]

Benny8902 some things for you to think about:

DISABILITY DISCRIMINATION

1, Gather as much physical evidence as possible, sick notes, emails, medical records (include any medication you take), occupational health reports etc.
2, You're going to need to identify the nature of the disability, how it has had a substantial effect on your ability to perform everyday activities i.e. Getting dressed, sleeping, concentration, communication with other people etc.
3, in what way you've been discriminated against, by who and when if possible.
4, You'll need to show that your employer would have reasonably been expected to be aware of your disability. You don't necessarily have to have told them you're disabled, but that they were aware that you had some sort of a condition.

WHISTLEBLOWING (QUALIFIED DISCLOSURE)

1, Show that you made your disclosure to the correct person/body.
2, show that your disclosure does actually qualify as being one of the specific concerns.
3, Show that you made your claim within the 3 months minus 1 day since the disclosure was made.
4, Show a direct causal link between the disclosure and your dismissal. This has to be more than just belief, you're going to have to show you were dismissed because you made the disclosure.

You're probably aware of this lot, but I thought I'd list is just in case. Have you also claimed for unfair or wrongful dismissal?

[Benny8902]

Oh not to worry on those issues. They will settle, just a matter of time

But it's more around the inaccuracies, so will wait to see advise ULA provides


On Whistleblowing thought, dismissal is not the only 'detriment' its the most pleaded, however no definition is provided within law. Its a judge "discretion" on how to apply the test.

[Retromau5]

Case number could be just an error on their behalf, raise it in the PH. It'll show that you're on the ball with things. Are they representing themselves or do they have legal representation?

[Benny8902]

Legal representation they have.

[ULA]

I would suggest that you do nothing currently as there are just a few weeks until your PH. You may well be asked to complete a case management agenda prior to the PH and for which I have linked below to relevant information:

https://www.judiciary.uk/guidance-an...nals-scotland/

In completing this it may well help you set out some of the issues you have in respect of the ET3 and the Grounds of Resistance (GoR). The advantage is that this document is used as a framework for the PH an although the respondent will be party to it, so too will the Judge and orders can be made if they feel further information needs to be provided by the respondent.

Do not forget that all documents will form part of the disclosure bundle and any inconsistencies between these and the response from the respondent can be covered in your witness statement and any examining of witnesses at the final hearing.

[Benny8902]

Hey ULA

Thank you for all the information.

Will return when PH happens

[Benny8902]

ULA

Received there PH Agenda. They have stated "they prefer no witness statements"


However I would prefer they provide these for various reasons, is this something I should ask the judge at the PH in the next few weeks?

How would I frame this to a judge so that its "ordered"?

[ULA]

So I presume this is their response in respect of whether they are going to have witnesses who would be required to make a written statement and then be present for examination at the hearing. It is down to the respondent to decide who they want to call as witnesses but very strange they do not want to call anyone. I would certainly raise this at the PH.

[Benny8902]

Qell, they list either 6 but have included names for 2 only, and then below they state "they would prefer not to have written witness statements"

Seems very weird. I noticed some of the witness are who the claims are against as well