Tribunal: || Please Help ! How Do I Fix These To Avoid Strike Out at PH CM ? ||

[Isonomy Day]

Hi,


Preliminary Hearing for Case Management imminent. This will be the first PH.

Submitted Case Management Agenda, 50% complete as I didn't know what to put in some places.

Final hearing 12 months from now.


I need to change a claim on my ET1 from Unfair Dismissal to Automatically Unfairly Dismissed. Can you help please?

How do I do it?

Is there a template?

Is it 'relabelling'?


Thank you !
------

[ULA]

To amend your ET1 claim form after submission, you will need to make and application to the Employment Tribunal (ET) for permission to amend. To do this you need to:

1. Prepare the application: Clearly outline the changes you want to make. This is often best done by using a copy of your original claim form with the proposed amendments marked by way of tracked changes.
2. Justify the changes: You need to explain the reason for the amendments ensuring you align this with the objectives of handling claims fairly and justly.. Reasons can include:
* correcting administrative and typing errors;
* adding factual details to existing allegations;
* adding or removing of other labels for facts already pleaded; or
* making entirely new factual allegations, which change the basis of the existing claim
3. Send the application to the ET: It is best to send this into the ET by email. I suggest you do this in advance of your preliminary hearing but also have it to hand in order that the application can be made orally at the hearing.
4. Ensure that you copy the respondent into the correspondence, giving them the opportunity to raise any objection and ensure the ET is aware you have fulfilled your obligations to notify the respondent.

As I have stated the required amendments should be via tracked changed on your original claim. I have however provided a template covering letter uploaded below. Everything within the square brackets are for you to amend accordingly. The ET Rules have recently changed, the template as been updated to reflect this but I advise you to double check the references are correct for the updated 2024 Rules.

[Isonomy Day]

Hello,

I had fully intended to write and thank you at the time for the helpful advice you gave me back in March. I was, and am, very grateful to you for responding as you did, and when you did, especially as I had a Preliminary Hearing for Case Management scheduled to take place just a few days later.

I took your advice and sent the application to the ET and copied the Respondent, ahead of the PH.

Also, I sent a revised version of my proposed PH agenda, to which I had added an entry about the application to amend.

I was much more confident going into the PH as a result of having submitted my application in advance, thank you.

The Judge took into account my very rookie LiP status and held the PH in such a way that I was fully engaged and participatory, and reasonably at ease, despite the other side being a seasoned Barrister.

In the end, after discussion, rather than pursuing to amend the claim of Unfair Dismissal to Automatically Unfair Dismissal, I withdrew that specific claim altogether as it was not the correct one to apply either way (a misinterpretation on my part of the ACAS / Citizens Advice guidance notes....) and clarified the remaining claims.

Because of the rush to prepare for the PH and then being totally swamped by the actions arising from the Case Management Orders and the deadlines for them, I failed to return here in a timely manner to thank you properly for your advice - and I apologise for taking so long......!

Thank you so much !!

[ULA]

No need to apologise and thank you for the update. I am glad that you felt you went into the hearing with more confidence.

If there are any further questions, as you progress with the claim, then please just come back to this thread and we can see what further assistance we can provide.

[Isonomy Day]

No need to apologise and thank you for the update. I am glad that you felt you went into the hearing with more confidence.

If there are any further questions, as you progress with the claim, then please just come back to this thread and we can see what further assistance we can provide.

No need to apologise and thank you for the update. I am glad that you felt you went into the hearing with more confidence.

If there are any further questions, as you progress with the claim, then please just come back to this thread and we can see what further assistance we can provide.

Hi,

I am in need of very urgent help again please, and am hoping your offer of further assistance is still open.

The issue is regarding Disclosure.

The issue relates to a CMO Deadline by 3 September 2025 (c 36 hours from now).
- (Timeframe mentioned simply because it would be unwise not to flag it. There is no expectation of assistance at all, let alone within the next 24 hours. Advice at any time is greatly appreciated).

I am the Claimant.

Full ET Hearing is in 6 months.




BACKGROUND:-

My former employer dismissed me on capability / performance grounds (without going into great details, we disagree in our assessments of my performance, and the predetermined outcome ).

My claims are against my former employer and include 'Discrimination Arising from a Disability' and 'Failure to Make Reasonable Adjustments' and 'Unauthorised Deductions'.


In March 2025, a Preliminary Hearing (PH) for Case Management Orders (CMOs) was held by video.

In attendance:-

The Employment Tribunal Judge
Respondent (My Former Employer) - Represented by Barrister
Claimant (Me) - LiP (Representing Self)


The PH took it's course with the ET Judge conducting it in a way which enabled me, as a LiP, to participate fully.


The Employment Tribunal Judge gave a brief and clear overview of Disclosure (for my benefit, I expect) at the appropriate stage within the agenda. Ahead of the PH, as part of my general learning and preparation for the ET processes, I had gained a layman's basic understanding of the Disclosure process, including some of the potential pitfalls for each side. So, I was ready with a couple of questions for the Employment Tribunal Judge.

I explained that many of the records I require to support my claims are held on, or accessible through the laptop and / or phone owned and issued to me by the Company, both of which were handed to my line manager on my last working day. I said that ideally I would be given access to the laptop so that I could retrieve the documents / records / information, etc. I require.

The Employment Tribunal Judge said that the Respondent was required to provide all relevant documents, etc. under Full Disclosure.

I asked how the Respondent would know what information I would require, and how they would even know something exists in order to then locate it.

The Respondent's Barrister stepped in by telling me that it is a routine activity within the ET process and that there are people specially trained and appointed to carry out the work.

I asked if I needed to provide details of the documents / records, etc. I require. I was told that I did not need to do anything regarding the Respondent's Disclosure, and I would be given everything.

The Hearing continued to it's conclusion.

Case Management Orders were issued post Hearing.


The following (in italics) is an extract of those CMOs which is relevant to my forthcoming request for help:-

'Documents:

AA. By 25 June 2025, the claimant and the respondent must send each other all documents they have relevant to the issues listed in the Case Summary below. This includes documents relevant to financial losses and injury to feelings.

BB. Documents includes recordings, emails, text messages, social media and other electronic information. You must list all relevant documents you have in your possession or control even if they do not support your case.


File of documents:

CC. By 3 September 2025, the claimant and the respondent must agree which documents are going to be used at the hearing.

DD. By 10 September 2025, the respondent must prepare a file of those documents with an index and page numbers. They must send a hard copy to the claimant by that same date. '




SITUATION:-

Both sides exchanged their relevant documents on or by 25 June.

The Claimant's Bundle (given to the Respondent) is c1200 + pages and includes every document held by the Claimant. Considerable effort was made by the Claimant to obtain records held by others, including documents with even the most tenuous of relevancies, so that Full Disclosure would take place, and so that there would be little / no chance of being accused of failing to disclose.

The Respondent's Bundle (given to the Claimant) is c1000 pages. The majority are documents which the Claimant already possesses, and some are also contained in the Claimant's Bundle (as one might expect).


The Respondent has included in their Bundle the following:-

- around 15-20 (mostly internal) emails (seemingly unrelated to each other) initiated by, or developed by my former line manager, and sent at different times during my employment, about various issues and to various people (including some to me).
- various management reports.
- various sets of data (spreadsheet).


These documents are in my view, clearly 'Cherry Picked' by the Respondent to somehow assist their case and possibly by trying to create a false or misleading picture of me:-

- Eg. a handful of emails are of requests made to me for updates or chases on overdue actions, etc., but nothing taken from the other 5000+ emails showing the opposite side of the story.
- Eg. one monthly report included in the Respondents Bundle, perhaps chosen because it had a low score for that month. The remaining eleven monthly reports with good scores are not included.




I received on average 200-250 emails per day (c4000+ monthly), plus Instant Messages, Text Messages, Teams Messages, etc.

If colleagues received just half of that number, there's a lot of communications held on servers.

With all of those many thousands of communications and documents, it seems an absolute impossibility that there is not one report, or email, or Instant Message, Travel Record, Calendar Entry, Meeting Minute or anything, which would be relevant to the issues, does not support the Respondent's case, and should be disclosed.

An example of the Respondent not providing documents in their possession, is that the Respondent hasn't even included copies of my payslips in their disclosure bundle, yet one of my claims relates to Unauthorised Deductions. Since they have all my pay records, it would seem that they have documents which are relevant, so surely they should disclose them. I have my own copies of course, but that shouldn't stop them from disclosing what they have too.


The Respondent has access to all files and records held by the Respondent.

The Claimant has no access to any files and records held by the Respondent.



ADVICE AND ASSISTANCE SOUGHT:-

The Final Hearing is in 6 months.
The deadline date for Disclosure was 8 weeks ago.
The date for the parties to agree documents for the joint Hearing Bundle is tomorrow.


1) The date for both parties to agree the documents for the joint bundle is tomorrow.
Can documents be sought, obtained and added after that date?


2) Having reviewed the Respondent's disclosure documents over the past 8 weeks, I have found that there are documents I would like to be provided by the Respondent which they have not disclosed.
How do I request the documents?


3) I understand that I can make a SAR to my former employer, which I think may help in getting useful documents and information to help my case. I had not made a SAR previously, because I had been assured at the Preliminary Hearing that I would be provided with all documents and that I did not need to make any request for any information.
Can I still make a SAR?


4) What do I do if I think the Respondent is deliberately providing minimal information, or making it selectively and in their favour?

5) What advice do you have to strengthen my position in being able to obtain and provide evidence which is mostly going to be found in all of the emails, messages, reports, etc. which were generated during my employment.


I understand that a 'Fishing Trip' is not allowed, but to continue with that terminology, if it's 'fish' which the ET will need me to provide at the Final Hearing, and they are all held in the Respondent's massive lake which I cannot access, I am going to struggle to show the ET Judge many fish, other than the ones I have from my garden pond.


I've been like a rabbit in the headlights and should have sought help sooner. Any advice will be hugely appreciated. Thank you for reading.

[ULA]

Isonomy Day I have deleted the new thread you created as it is more helpful for those of us advising to having everything related to an ET case on the same thread, even if you are asking new questions as the claim progress.

We do get alerted of new posts on a thread but as volunteer we are not always online to provide and immediate response to posts. I will review you latest post now and provide a response.

[ULA]

A couple of things to point out:

a. Your hearing is not for another 6 months so, although deadlines set by the CMO may seem scary if there is non-compliance this far out, do not let this panic you.

b. The CMO deadline dates can be extended, with agreement from both parties by up to 14 days, without the need to inform the ET, so long as it does not cause an issue with the deadline for any documents having to be sent to the ET.

c. Beyond the 14 days then an application will need to be made to the ET but this can still be done.

d. There is an ongoing duty of disclosure up to the hearing and even whilst the hearing is in progress, although it is expected that the majority of documents will have been disclosed well in advance of the hearing.

In respect of your specific questions:

1. I believe the answer to this is covered in my point d.above.

2. If there are documents in the possession of the Respondent that are relevant to the claim, that you would like them to disclose and they have not done so, then it is as simple as writing to them setting out details of the documents and asking for them to be included in the bundle. Try to include as much detail about the document as possible to assist the respondent in being able to find it i.e. email between xx and yy on or around aa and bb dates.

3. Yes you can make an SAR but maybe it would be better to see, in the first instance, whether you can get the documents by way of the approach set out at 2 above.
A SAR request should not be a "fishing expedition" it should be focused on the information that will be relevant to the claim and all forms of communication should be taken into account e.g. email, internal documents, company WhatsApp group message etc. The company would have up to 30 days to provide the documents as a result of an SAR however, they can extend this if the request is too complex or requires shifting though a large amount of data.

4. It may be worth advising of the Respondent of their ongoing duty of disclosure of documents regardless of whether they hinder or support their defence. The importance is the relevance to your claim. If you have requested documents that you reasonably believe should be in the Respondent's possession and they are not provided ask them to provide reasons as to why they will not provide them. Ultimately you can make an application to the ET to Order the Respondent to provide them.

5. This may not be what you want to hear but you have brought the claim/s and your reliance to proof the facts should not be based on what the Respondent discloses. The majority of the supporting documentation should come from what you the claimant can provide. To ensure that you can have documents the Respondent has but you do not have access to, that can "strengthen your position", then the steps to try and get these into the bundle are set out in my responses above.

I appreciate how daunting this can be particularly when up against a represented respondent but the LB forum will try to assist as best we can whilst you navigate through this process.