Dismissal Tribunal Claim

[ULA]

Did not mean to panic you but unfortunately even as a Litigant in Person (LiP) there is an expectation you present information such as your losses in the correct way.

Yes you do need to add in your statutory redundancy award.

If you have any questions as you complete it then please come back to this thread.

[1991Reed]

Thank you so much for your help once I stopped my brain overthinking it was pretty straight forward

if you can could you give me an overview on my process so far

so I sent my SoL on the correct date, the next date the employer filed an extension and a protective et3.
I then objected to their extension with evidence,
The judge didn’t stay or vary the CMO so I continued with the CMO direction.

The respondent then took the tribunal out of the email trail asking me if I would like them to delete my process as they haven’t filed their et3. I debunked their attempt at getting me to delete compliance of me sending my disclosures eand cc’d the tribunal back into the case

on the day that they were meant to arrange the evidence bundle they instead filed their et3, however the judge still hasn’t responded to the extension and they’ve been non compliant

1. Is this common in tribunal proceedings
2. have I done the right thing staying compliant
3. will there behaviour to control the timetable and do things there way be noticed by the tribunal and the judge?

[ULA]

Can you just clarify on which date in Feb did the respondent submit the completed (not protective) ET3?


1. Given the dates in the CMO, yet the hearing is not for over a year away and a delayed ET3 submission, some slippage may be inevitable. I cannot say for certain but with dates for the final hearing being a year plus from the submission of your claim and with no preliminary hearing being ordered in this case, I wonder if the short timescale to get the bundle and witness statement completed is so that things can be collated and witness statements drafted whilst events are fresh in people's minds.

2. Staying compliant is important, however you cannot agree the bundle if the other side has not provided you copies of all the relevant documents from their perspective, even if you have provided yours.

3. Part of my responses to the 2 points above are relevant in the answer to this question.

So to try and get things back on track my question is what if anything has the respondent provided in terms of:

12 Feb CMO date - "copies of all the documents they have relevant to the claim."

I they have complied with the above even if it was late has the below deadline been missed?

26 Feb CMO date - "The claimant and the respondent must agree which documents are going to be used at the hearing."

Just to know where you are with this have you started drafting a witness statement and are you calling any other witnesses?

[1991Reed]

Thank you for getting back to me

They sent their grounds of defence/ et3 on the 26th of February
they never sent any disclosure on the 12th February, when I sent my disclosure on time they did email me on 18 February asking me for permission to either delete the disclosure or retain it but not look at it

I rebutted them and told them I have been compliant, and that they had not fulfilled their own promise to contact me and rearrange the table.

they’ve missed all compliant deadlines and worked to their own arrangements that they said in their extension request which still hasn’t been accepted or rejected

I have started drafting my witness statement, I don’t have any other witnesses as everyone turned against me during the process and didn’t want to risk their jobs

[ULA]

By all means you can start drafting your witness statement, however you cannot complete it until such time as a paginated bundle has been agreed and provided to you. This is because your witness statement will need to reference pages in the bundle to support the events you are detailing in the statement.

To be honest I am very surprised that the ET sent out a CMO without having received the respondents ET3, even if it was delayed. A hearing date is not set for another year so there is plenty of time.

I would suggest you contact the ET by phone (be prepared for a wait) to establish whether a judge has been assigned to review the extension request from the respondent and explain that the current CMO is no longer feasible, due the respondents delay in submitting the ET3 and therefore not complying with the Feb dates. Point out there is still a year to the hearing date.