If they chose not to rebut a response prior to pre-hearing? RE sex discrimination

[newtothis2]

I made a claim to the tribunal for unfair dismissal and sex discrimination. We had a pre-hearing in which they requested the sex discrimination claim be struck out or I pay to keep it in. The judge ordered them to make a skeleton argument, to which i had to reply, and to which they requested to have a final response.

They sent their skeleton argument. I responded. As far as I was concerned, I had shifted the burden of proof to the employer regarding sex discrimination, which I stated in my response.

Now they say they they will not serve a rebuttal to my response but that they reiterate what they said in their skeleton argument.

That was their chance to rebut my argument before the next pre-hearing. Does that mean they can not rebut my argument at the next pre-hearing or, could they be saving their rebuttal for the next pre-hearing?

[newtothis2]

I will also add that the time limit set by the judge for the employer to respond to any point in my response has now passed.

[ULA]

If the respondent has produced their skeleton argument and you have responded, it does not always follow that the respondent has to respond to what you have presented.

The arguments presented by each party will be considered by the Judge at the Preliminary Hearing (PHR) and a determination made regarding your claim for sex discrimination.

[newtothis2]

If the respondent has produced their skeleton argument and you have responded, it does not always follow that the respondent has to respond to what you have presented.

The arguments presented by each party will be considered by the Judge at the Preliminary Hearing (PHR) and a determination made regarding your claim for sex discrimination.

The respondent's solicitor requested that they should have the final say and be able to respond to what ever I was going to say. The judge obliged and stated in the case management orders that 'The respondent will have a final opportunity to deal with points arising in the claimant's rebuttal and any such document should be served by the respondent by ??/??/2024'.

No such document was served. Instead the respondent's solicitor sent a letter to me and the tribunal stating 'Further to the Tribunal's orders dated ??/??/2024, we confirm that the Respondent does not wish to serve any rebuttal to the Claimant's response. The Respondent reiterates its position as outlined in the skeleton argument previously served'
.
It may not always follow that the respondent has to respond, but they requested to respond and then decided not to; by doing so, they failed to deal with any points I raised in my response before the deadline set by case management order to deal with such points.

From my point of view, which may well be wrong, if you miss the deadline to deal with those points, you shouldn't be allowed to deal with them further down the line, especially as dealing with them later would be in breach of the case management order.

[ULA]

The response is clearly that they do not want to present a rebuttal and that they are relying on their skeleton argument. This is their position and is effectively their response so for them they have responded in line with the CMO.

[newtothis2]

The response is clearly that they do not want to present a rebuttal and that they are relying on their skeleton argument. This is their position and is effectively their response so for them they have responded in line with the CMO.

I understand that their response is that they do not want to present a rebuttal. Does the fact that they chose not to present a rebuttal, and the fact that the time limit set by the case manage order for presenting a rebuttal has now ran out, mean they can no longer present a rebuttal at the next pre-hearing or later at the tribunal?

[ULA]

In theory they cannot present a rebuttal if they have been given the chance to and instead have stated "The Respondent reiterates its position as outlined in the skeleton argument previously served'

However, again in theory, it does not stop them for trying to in which case you would need to refer the tribunal back to the correspondence, so ensure that it is contained in the bundle of documents.

[newtothis2]

One final question. If they try to present a rebuttal at the next pre-hearing or later at the tribunal, do i wait until they finish the rebuttal then object, or do I object as they are making the rebuttal? How do I object, do I say 'objection' as they do on tv and then state why I object, or something else? OK that was two questions.

[ULA]

It entirely depends on how they present any rebuttal. Just be polite and courteous when you do interject.

No a real life tribunal hearing is not like a court room drama on TV. I would suggest you start by addressing the judge and panel (if there is one) and refer them to the relevant correspondence at xxx page/s in the bundle, where this was covered by then CMO and the corresponding response from the respondent.