In Scotland. Looking for advice re hearing

[Sunny23]

Hi
I am based in Scotland.

I have recently had my preliminary hearing and I now take my case (disability discrimination and unfair dismissal) to a full tribunal hearing.
I am a litigant in person and confused about the actual process. Can't anyone confirm if
1. I have to prepare a witness statement and submit it before the hearing?
2. If my witness has to prepare a statement and submit it.
3. When giving evidence do I "tell my story" first or is it like the preliminary hearing where I just answered questions?

In my previous substantive Preliminary Hearing my employer submitted a statement and so I did too but the judge said that I didn't need to.

I know in England statements are submitted but I can't find anything definitive about Scotland.

Thanks in advance.

[ULA]

In Scotland there have been recent presidential guidance issued on witness statements linked to below;

https://www.judiciary.uk/guidance-an...d-in-scotland/

As the claimant, at the final hearing, it is likely that you will be cross examined first by the respondent or their representative.

[Benny8902]

Hi
I am based in Scotland.

I have recently had my preliminary hearing and I now take my case (disability discrimination and unfair dismissal) to a full tribunal hearing.
I am a litigant in person and confused about the actual process. Can't anyone confirm if
1. I have to prepare a witness statement and submit it before the hearing?
2. If my witness has to prepare a statement and submit it.
3. When giving evidence do I "tell my story" first or is it like the preliminary hearing where I just answered questions?

In my previous substantive Preliminary Hearing my employer submitted a statement and so I did too but the judge said that I didn't need to.

I know in England statements are submitted but I can't find anything definitive about Scotland.

Thanks in advance.

Did the Judge make a order for Witness Statements? If so then you will need to follow the guidance to produce them.

However this might be they provided their submissions in written form for whatever reason, you should either have a note of the hearing or it should be available online.


PH is Scotland are bit different. During a PH it's more clarifying things so that we can get to a final hearing. We have no set obligation on who goes first within Scotland. Generally it will be the Claimant - and the Tribunal will go through everything with you, and then allow for you to be cross examined and the judge or lay members could ask you questions.

[Sunny23]

Thanks for the replies.

There is no order for witness statements, just a date for submitting evidence.

I know that I will present my case first. I take it that the judge will lead me through my case then as opposed to me presenting a statement of what happened.

[Sunny23]

Hi.
We were supposed to exchange documents today.

I had emailed the respondents solicitor about 3 times in the past few days regarding a document. They did not reply to any of them.

I sent my documents off at about 5:00pm and then received an email stating that their documents were not ready as they had only had the case a week.

What on earth do I do now? I feel like I am at a huge disadvantage.

Any advice?

[Benny8902]

Hi.
We were supposed to exchange documents today.

I had emailed the respondents solicitor about 3 times in the past few days regarding a document. They did not reply to any of them.

I sent my documents off at about 5:00pm and then received an email stating that their documents were not ready as they had only had the case a week.

What on earth do I do now? I feel like I am at a huge disadvantage.

Any advice?

ULA is expert on that

[ULA]

So I am guessing that either the respondent has just instructed solicitors or they have moved solicitors.

Depending on the complexity of your case and what documents were transferred to them, then they would have spent an amount of time undertaking "reading in" as it is called, which is basically getting up to speed with the case and seeing what the tribunal timescales are.

I presume the exchange of documents are those both parties are going to rely on to support, in your case the claim and in the respondent's case, their defence. The fact that they have sight of yours on the deadline date does not put you at a disadvantage as they would have be in possession of them at some other date.

Where there may be an issue is that you are being delayed seeing their documents that they want in the bundle.

Can you confirm the date of your hearing that this bundle is being prepared for?

When were you aware the respondent's representative changed?

I would suggest that you respond back to their email saying they have only had a week on the case along the lines of:

I am disappointed at receiving your response to my email providing my documents, which in accordance with the Order, were due to be exchange by both parties today. I have send correspondence to you on [set out the dates] to which you have not given me the courtesy of a response, when in fact you could have informed me you were not ready to exchange and agree a new date with me, given that parties can agree a delay of a deadline by up to 14 days by agreement, if it does not affect deadlines for documents to be received by the Tribunal.

As you are aware I am a litigant in person and I feel that you have now put me at a disadvantage in terms of the time I will have to review the respondents documents. I have complied with the Order in good faith that I would receive the respondents document today /yesterday [depending when you send this] and I now require you to urgently respond back with a date when I will be in receipt of these.

[Sunny23]

Thank you for the advice and for taking the time to make sense of the situation.

I will send an email and see what they say.

The hearing is in a month so at least I have an end date. I think they changed solicitors a week or so ago. I first heard from the solicitor last week.

I know that the solicitor will be doing the best for their client, it just feels like they are manipulating the situation and taking advantage of my ignorance.

After everything they put me through it just feels like the last straw.

[ULA]

I appreciate the Tribunal process is very stressful to navigate as a litigant in person.

Hopefully you will get a response to the email if you sent it.

[Sunny23]

Hi

I wrote the email and received a draft bundle today. Thank you.

I had requested a copy of letters and emails referred to in the ET3 and also emails and reports regarding an event that happened. None of these have been supplied.

I am pretty sure that letters and emails referred to in the ET3 don't exist but there should be internal reports and emails referring to the event and the aftermath. (Although they were not supplied in my SAR either).

Do I email the respondent's solicitor copying in the tribunal requesting them again or do I ask the tribunal to instruct the solicitor to produce them?

I think the refusal to produce them will be very telling in tribunal but I would really like to have them to help me understand what actually happened.

I am aware time is short.

Any advice gratefully received.

[Benny8902]

Hi

I wrote the email and received a draft bundle today. Thank you.

I had requested a copy of letters and emails referred to in the ET3 and also emails and reports regarding an event that happened. None of these have been supplied.

I am pretty sure that letters and emails referred to in the ET3 don't exist but there should be internal reports and emails referring to the event and the aftermath. (Although they were not supplied in my SAR either).

Do I email the respondent's solicitor copying in the tribunal requesting them again or do I ask the tribunal to instruct the solicitor to produce them?

I think the refusal to produce them will be very telling in tribunal but I would really like to have them to help me understand what actually happened.

I am aware time is short.

Any advice gratefully received.

I asked my ET judge this a while back - he gave me some practical advice, basically saying depending on the timeframe that's available ask the Respondent, if not sufficient enough, then apply to the tribunal and set out specifics on why the document is needed (cannot be a fishing exercise) and they will make a decision.

[Sunny23]

Hi

Another question

At just after midnight I was copied in on an email to tribunal from the respondent's solicitor stating what the defence will be to one of my allegations.

I can prove that what they are saying is incorrect.

Do I respond and ask for the proof of this to be added to the bundle (it does not exist) or just wait until tribunal and refute this statement then?

Thanks

[ULA]

If they are claiming this is a defence to an allegation you have made, given what they have said (as I do not know what this is), would it logically follow that there would be documentation to prove this. If so then yes it should be included in the bundle.

[Sunny23]

Hi
Things have moved on and we are now going to Judicial Mediation.
Does anyone have any advice?
As far as I can tell the merits of my case are not discussed and it is really focused on reaching a settlement.
The respondents already have my schedule of loss. Do I have to prepare anything else?
Thanks.

[ULA]

Judicial Mediation (JM) is a hearing with a neutral Employment Judge, with the aim of coming to a mutually agreeable resolution. The process is that each party will be in a separate space either via video link or two separate rooms if it is held in person and the Judge will move between the two parties. The process typically follows these steps:

1. The mediator will introduce themselves and details the mediation process. Each party will then have the opportunity to make an opening statement, setting out their perspective on the dispute.

2. The mediator will then gather information from both parties separately to understand the underlying issues involved in the dispute. This may involve reviewing relevant documents and listening to each parties' explanations. So there will be a bundle produced specifically for the mediation.

3. The mediator will spend time with each party individually to explore their positions, concerns, and potential solutions, which is all in confidence. These sessions are aimed at allowing for open discussions and helps the mediator identify areas of common ground and areas needing further negotiation.

4. The mediator will facilitate negotiations between the parties, helping them generate options for resolution and overcoming areas that may seem unresolvable.

5. If an agreement can be reached, then the mediator will assist the parties in drafting a settlement agreement that outlines the terms and conditions of the resolution.

6. Any agreement is then reviewed and signed by all parties involved.

7. Once an agreement is reached and signed, the mediation process concludes. The mediator may provide guidance on implementing the agreement and address any follow-up actions needed to ensure compliance.

I would suggest making sure that the respondent has the most up-to-date SoL.