Query re strike out of response

[Mms0311]

hello,

I'm currently in the process of preparing for an employment tribunal hearing which is due to take place in a few weeks.

Long story short, the Tribunal have written today warning the respondent that their response may be struck out as they have failed to comply with case management orders.

My question is, if the response is indeed struck out, will their witnesses still be required to attend the hearing to allow me to cross examine them?

It's an unfair dismissal/discrimination case listed for for days.

Many thanks in advance

[Mms0311]

*four days

[Retromau5]

If the response is struck out, there will be no witnesses and nothing to cross examine.

[Mms0311]

Thank you, that makes sense. The opportunity to question one witness in particular would, I believe, be very beneficial to my claim as I know she would not lie under oath.

[atticus]

You need to think how you will prove your case. You should not rely on hoping that you will be able to question a wtiness that the other party may or may not call to give evidence.

[Retromau5]

Atticus is right, you're allowing yourself to be distracted from what is important. You're still going to have to show that it was discrimination, and that the dismissal was unfair. If anything, all the focus will be on you IF the response is struck out.

[Mms0311]

Thanks for all the helpful advice. The hearing has finished today. Unfortunately we lost a day at the start due to availability of judges, so will be going back for one more day in January for delivery of the findings, and a remedy hearing, if appropriate.

In the interim I've been asked to prepare and submit a statement in support of the part of my claim where an injury to feelings award might be made, so that consideration can be given as to where any such award should sit within the Vento bands.

One thing I'm not sure about, and would welcome a view on, is whether it would be appropriate to make reference further incidents that took place after my employment ended which caused me ongoing distress? This was in the form of bullying, threatening and personally disparaging remarks that were made to me on a number of occasions by the respondent's representative, as well as well as using some objectively underhand matters to delay the matter being heard.

For clarity, the respondent was represented by a HR business services organization that they contract for various services including tribunal representation. The case has changed hands there twice - the first person to whom it was assigned and their current representative have both been courteous and professional and we were able to maintain civil and respectful interaction - the unreasonable behaviour was on the part of the second person to whom the case was assigned, but who had ownership of the case for around 18 months

Thanks in advance

[ULA]

When you submit your statement it can only be about the treatment of the respondent in relation to your claim.

In respect of perceived treatment by the representative of the respondent, this is not something that is connected to your claim for the purpose of what you have been asked to submit.

[Mms0311]

Thank you so much for the quick response - I suspected that would be the case but just wanted to be doubly sure.

[Mms0311]

Hi,

One more question that I hope someone can help with. I am almost ready to submit my statement to the respondent detailing the extent of injury to feelings caused. The tribunal have also asked me to set out any financial losses.

From the way the hearing went, I am fairly confident that the tribunal will find that I was unfairly dismissed. At the time of submitting my claim I had not included any loss of earnings, as I had secured a new job within a few months of my dismissal. I was subsequently made redundant from that new role after 18 months in post, so there was no redundancy payment and no statutory rights upon which I could seek to make a claim against my subsequent employers. I have now been out of work for just over a year.

My question is whether I could, or should, seek to claim continued loss of earnings from my previous employer given the indirect causality. Alternatively, is it possible to make a claim for loss of statutory rights and, if so, how would this be calculated?

Thanks in advance.

[ULA]

You can only claim losses for the period between being dismissed by your employer and finding a new job. You cannot claim for continued loss of earnings.

Was the new job you started at a significantly reduced salary.

The amount of the compensation for loss of your statutory rights is not set out in law, but has developed over time and is generally between £300-£500.

[Mms0311]

Thank you.

No the new job was at a higher salary hence no claim for loss of earnings.

Thank you for the info re loss of statutory rights - I will add this at £500 as a starting point should the tribunal decide that compensation for this should be paid.