Tribunal exchanging documents

[Anna1962]

We got the documents added, except one, I have emailed again. We have just noticed they have added something else, which is undated and from after my husband had left the company which really has no relevance to the fact my husband was dismissed for gross misconduct. Can we ask for them to remove it.

[ULA]

If that is a document they feel is relevant to their defence, even if you cannot see why then no you cannot ask them to remove it.

[Anna1962]

They have just added it now not when we exchanged documents it is undated and not even clear what it is. Just feel a bit like they are trying to wear us down, Also they sent the hard copy before we could check it and now have added new documents so the hard copy has all the wrong page numbers.

[ULA]

There is an ongoing responsibility by both parties for disclosure, I have known documents be exchanged at a hearing with permission of the Judge.

Given the bundle has only just been sent I would ask them to update the index, repaginate and resend an new electronic version make this request on the basis that your husband would like to ensure his witness statement contains the correct page reference numbers to the bundle.

[Anna1962]

Hi Ula they have again sent a hard copy of the bundle which doesn’t march the index. This is now w a week after case management stated we must have a hard copy. We need to exchange statements not later than the 18/06. It seems that the respondent just gets away with what they want.

[ULA]

Your husband can just go back and ask the respondent to send an updated index to match the bundle.

As I keep saying up to a 14 day delay does not require any recourse to the Tribunal.

Your husbsnd can still work on his statement, the bundle page references can be added in at the very end just prior to him exchanging.

[Anna1962]

Hi Ula, thank you I understand that they can get 14 days but we have not agreed, this is just really stressful as we are both working full time my husbands statement is finished his witness has also finished theirs as well. It seems to always them being late with everything. Also on the day we exchange statements do I contact them before or just send them. Many thanks

[ULA]

Sorry to say but sometimes agreement is not sought. I appreciate your husband works full time and a tribunal process is stressful but if he is committed to pursuing the claim it does take time and effort to build the case and prepare for the hearing.

I would suggest that maybe the day before exchange of statements he sends an email to the other side asking to agree a time the following day that they simultaneously exchange.

[Anna1962]

Hi Ula, a totally different subject is it ok to ask eployees if they would voluntarily like to move to a new site, knowing that you are going to be making redundancies but have not informed them.

[ULA]

Where are the redundancies taking place, current or new site?
Is the new site already a company premises or in fact a completely new location for the company?
How far is it away?

As soon as it is known redundancies may need to be considered then a consultation process needs to start with staff straight away.

[Anna1962]

It is a company premises and they asked my husband to ask employees if they would like to move voluntarily to another site, before starting consultations.

[ULA]

So it is an existing company premises from what you have said.

Can you respond to my question in my previous post as to how far away is it from the current location.

How does he know that redundancy consultations are about to start?

[Anna1962]

The other site was about 20 miles away and they asked my husband to ask employees if they would like to voluntarily move knowing the site was going to close. He knew they were going to make redundancy’s as he was a manager and had been told.

[ULA]

Sorry Anna1962 I am still not clear as to which site is making the redundancies the current or the one people are being asked to go to.

If the current site is making the redundancies and people are being asked to go to the new site as a suitable alternative to redundancy, then it should be offered as part of the consultation process and not via your husband asking people.

If the new site is making redundancies and people are bring asked to move there, will they be doing so on the basis their job would be safe? Potentially then the current staff at that site, if made redundant, could raise a grievance about the process.

Also what is the basis for the redundancies; site completely closing, specific skills /departments or a general reduction in numbers across the board.

Also you are talking about this past tense, has it already happened?

[Anna1962]

It was the current site making the redundancies and people were being asked if they would like to go to a new site voluntarily. This was before any consultation process had started but was going to be made official.