How to respond to a strike out/deposit order

[Jen111]

So I'm currently doing an employment tribunal against my ex-employer.

They have submitted written submissions to dismiss several acts of discrimination which has then resulted in them firing me (final act).

I have attached their submission which is baseless as there is evidence of reasons for being fired which directly specify several previous events. There is written documentation as well as an audio recording made with the consent of all parties at the meeting I was fired.

How do I write up the submission? See attached.

Thanks for the help.

[ULA]

Jen111 can we assume this is entirely separate to your other thread in relation to your current employer?

Csn you set put what your claim us for please.

[Jen111]

ULA yup this is separate to the other thread.

Please clarify...... I'm not quite sure what specifically you're asking. Did you mean what kind of discrimination claim? It's disability and race discrimination.

Do the documents attached help?

[ULA]

I just wanted to know what type of claim is was, there are a variety not just discrimination you can make via the ET as an employee, thank you for the clarification.
The two extracts of documents you have posted up, where are they from? I need to context to be able to provide any assistance. Is this from their Grounds of Resistance?

Are you being asked to provide Further and Better Particulars on those points?

[Jen111]

ULA attached is what they sent following a PH where they've said they will put forward a strike out/deposit order claim for the judge to consider. So the attached are written submissions from them which I'm going to have to reply to as to why it shouldn't be approved. To me it's simple because there was a continuing chain of events culminating in the last one where I got fired.

It's obvious within the evidence but we're not at that stage so just wanted to know how to write it up so that the judge would consider it. I've heard that the deposit order has a lower bar than the strike out .....so seemingly that's why they've applied for both.

Not sure....does the above clarify?

[ULA]

You are correct a strike out means that your claim or a defence in terms of a respondent will not proceed and therefore the evidence presented as to meet this, by any party, is to a very high standard for this to occur. A deposit order with a claim that a respondent considers has little change of success or has been brought veraciously is more likely to be accepted.

In response to the highlighted point (c) you will need to set out in numbered bullet points the series of event (in chronological order), including date, approximate time, location, by whom and whether there were any witnesses, the discrimination being claimed about over a period of time.

In response to the highlighted (d) you are going to set out why the time limit of 3 months less a day for submitting a claim should be extended in order for the Tribunal to hear you claim. Again by way of numbered paragraphs you will need to set why you delayed in submitting your claim and you will need to find reasons to refute in specific their points 49-51.

[Jen111]

ULA thanks for your response. I don't believe I've submitted the claim late. The below is the short timeline

Dismissed 5th Dec 2022 with one months notice.
Employment terminated 5 Jan 2023 Notified ACAS: 02 April 2023
Certificate issued: 14 May 2023 
ET submission: 11 June 2023

To me the above has been submitted in time as per looking at ACAS website. Can you give me a steer with regards to looking at these dates whether I am late?

[ULA]

Reading the attachments and looking at your timeline, which is all I have to go on, it appears that you are failing to take into account that some of the allegations you are making in your claim happened anything up to a year prior to making your claim (their point 49). In which case you are going to have to provide reasons / evidence of why you did not present them earlier.

You do not need to have terminated your employment to raise issue of discrimination. If they have not been handled via an internal process in a way that resolves the situation and you believe you are still subject to discrimination, then you could have made a claim to the Tribunal at the time and presumably been within time.