Compensation/damages for fabrication of evidence?

[Minionator]

Hi everyone,

First time posting, I was recommended this forum by someone over at MoneySavingExpert who said it is one of the best places for advice. So here goes.

I am currently fast approaching a forthcoming employment tribunal for unfair dismissal, representing myself. The Respondent claims the redundancy was fair, but obviously I dispute that statement. A Preliminary Hearing Review was held and the full tribunal was given the go ahead by the Judge.

The Respondent had to provide a bundle of information for this, and since that time I have found new independent evidence, verified by their clients and a government authority, that clearly show my previous employer fabricated evidence and used snippets of correspondence to their clients to mislead the PHR judge into thinking there was reasonable cause for a redundancy situation; presumably in the hope that the claim would not be allowed to proceed.

My question is this: am I able to follow up this claim in a court other than the Employment Tribunal, to seek damages; or am I stuck with the tribunal proceedings and limited to compensatory damages to the tune of lost wages etc?

Also, can I use the bundle of documents they prepared for the PHR as evidence for a different court, should this be possible?

Hopefully you can help me here, since I did not expect to come across such a gift of evidence, and of course I wish to use it to maximum effect.

[charitynjw]

Re: Compensation/damages for fabrication of evidence?

Hi Minionator,

From first hand experience, LIP's have a tough time in Court/Tribunal - the 'qualified' ones don't like the great unwashed playing with their ball!

In the Tribunal case in which I participated (as a McKenzie Friend), we had agreed with the other side's legal representatives (a specialist Employment Law firm), that we would submit our evidence to them, & so agree a combined 'bundle'.

If there was any contentious evidence, this would be included anyway, & the Tribunal would decide admissibility. This had been instructed by the Tribunal at a previous Directions Hearing.

During a Pre-Hearing Review, we were astounded to discover that the other side had deliberately omitted a large part (roughly half) of our evidence.

Of course we objected to this, both in the run-up to the main event, & also at the full hearing.

The other side's legal reps lamely explained that, while they had indeed not submitted it (as they thought it was not pertinent), they had brought it into court for the PHR, but as no-one had referred to it, it hadn't seen the light of day!!

As it was largely medical evidence to support a factual situation, & during the PHR, this situation was not disputed, when we received the PHR Judge's written reasons, stating that we had not bothered to provide this evidence, we thought that it must show a bang-to rights case of tampering with evidence.

Not a chance!
The Judge at the Tribunal confirmed that the evidence was present at the PHR (albeit not officially submitted), so that was OK!
An absolute travesty, & they got away with it because we were LIP!

I don't wish to scare you, but be careful.
& good luck!!

[Caspar]

Re: Compensation/damages for fabrication of evidence?

I can't answer your questions I'm afraid, though I'll pm someone who may be able to for you. In terms of being a LIP it sounds to me like you may be much better being properly legally represented. It is clear from your questions you don't have a vast knowledge of the law (no disrespect intended), and if you're that sure of winning you'd be awarded costs anyway.

[charitynjw]

Re: Compensation/damages for fabrication of evidence?

With reference to your questions, I believe the ET has jurisdiction over all matters relating to employment disputes.

& I'm pretty certain that any evidence, once it is in the 'public domain', can be used in other courts.

I would, however, echo Caspar's advice in the above post.

[Minionator]

Re: Compensation/damages for fabrication of evidence?

@charitynjw: Thanks for the advice. So am I to understand that evidence was provided by you at the PHR, but omitted by them in the joint bundle; and when you disputed this, the Judge ruled this was ok because it had already been in the PHR, but was not referred to whatsoever?

If that is the case, could the omitted evidence not have been brought to court anyway, since it had already been disclosed at the PHR, regardless of whether the other side had included it in the bundle or not (especially since you had disputed this)?

@Caspar: No offence taken. Admittedly I'm a rookie, but I felt the PHR went much better than I had expected it to. I managed to remain composed, sum up effectively, taking into account all that the Respondent's counsel had tried to insinuate. Unfortunately, I do not have the finances required to instruct legal representation, however sure I am of the evidence. The Judge even commented that it stood in my favour being an LIP, because it was clear I had not deviated from my original statement of events in the ET1 claim form and so added weight to my argument.

I am sure the full hearing will require far more analysis; however, I have actually enjoyed being in the court room, even being cross examined was not difficult at all - I know that what I speak is the truth, and so long as I maintain this I believe I stand a good chance of winning.

Of course I know the Respondent will use every trick in the book, but I can prove that they deliberately tried to mislead the judge through the fabrication of evidence, stalling the release of independent evidence that would weaken their position, making untruthful statements to the Judge at the PHR. Their witness was also proven by me at the PHR to have written a false statement; this was confirmed by the Judge who agreed it seemed as though they had not prepared their witness statement themselves, and could not corroborate anything that had been issued in the statement with evidence.

My apologies if I have offended either of you by not taking your advice to seek legal representation, but the finances simply do not allow it!

[Caspar]

Re: Compensation/damages for fabrication of evidence?

Nobody on this site would take offence at their advice not being taken. At the end of the day that's what it's all about - people share their opinions with you to try to help you, but it's entirely up to you whether or not you choose to take the advice or not - you know your situation better than any of us.

It sounds as though you did a good job in the first part, so let's hope the next bit goes as well for you.

[SpringerSpaniel]

Re: Compensation/damages for fabrication of evidence?

There are some sources of free advice on employment matters should these be of interest for you to explore, and may be helpful for other members to know of:

- Your trade union, if you have one (as other posters have suggested)

- A Law Centre Law Centres

- The Free Representation Unit http://www.fru.org.uk

- The Bar Pro-Bono Unit

Barristers who offer the Direct Public Access scheme can be instructed without also engaging a solicitor, this is not free but can be cheaper and cost effective as you may get high quality advice at a price which is good value.

I will post separately about your own case later.

[Minionator]

Re: Compensation/damages for fabrication of evidence?

Nobody on this site would take offence at their advice not being taken. At the end of the day that's what it's all about - people share their opinions with you to try to help you, but it's entirely up to you whether or not you choose to take the advice or not - you know your situation better than any of us.

It sounds as though you did a good job in the first part, so let's hope the next bit goes as well for you.

Thanks. I'm glad to have any opinions, it helps me to form a more balance view on how best to proceed.

It has taken some time to build a solid defence, but I am quietly confident that the outcome will be in my favour. Of course I don't want to get ahead of myself, so I need to make sure my evidence is air tight!
------------------------------- merged -------------------------------

There are some sources of free advice on employment matters should these be of interest for you to explore, and may be helpful for other members to know of:

- Your trade union, if you have one (as other posters have suggested)

- A Law Centre Law Centres

- The Free Representation Unit http://www.fru.org.uk

- The Bar Pro-Bono Unit

Barristers who offer the Direct Public Access scheme can be instructed without also engaging a solicitor, this is not free but can be cheaper and cost effective as you may get high quality advice at a price which is good value.

I will post separately about your own case later.

Thanks for the advice. I will have a look at the links you have provided and see if they can be of use to me.

I also look forward to hearing your thoughts on my case.

[charitynjw]

Re: Compensation/damages for fabrication of evidence?

Hi again

The PHR was to decide some preliminary issues before going to the main hearing.
There was quite a lot of evidence, which we agreed with the other side to split into two bundles, a core bundle & a supplemental bundle, the latter largely consisting supporting medical evidence.
The other side offered to paginate & distribute these 2 bundles.
Then, unbeknown to us, they unilaterally decided not to include the supplemental bundle to the Tribunal PHR.
It was not referred to by either side at PHR, so we were not aware that it had been omitted.
It was not until we received Judge's written reasons, where it was commented upon by the Judge that there was no supporting evidence, that we became aware that we had been ambushed.
We appealed (actually, review & appeal), but no joy.

Moral?
Beware of geeks (sic) bearing gifts!

[Minionator]

Re: Compensation/damages for fabrication of evidence?

Hi again

The PHR was to decide some preliminary issues before going to the main hearing.
There was quite a lot of evidence, which we agreed with the other side to split into two bundles, a core bundle & a supplemental bundle, the latter largely consisting supporting medical evidence.
The other side offered to paginate & distribute these 2 bundles.
Then, unbeknown to us, they unilaterally decided not to include the supplemental bundle to the Tribunal PHR.
It was not referred to by either side at PHR, so we were not aware that it had been omitted.
It was not until we received Judge's written reasons, where it was commented upon by the Judge that there was no supporting evidence, that we became aware that we had been ambushed.
We appealed (actually, review & appeal), but no joy.

Moral?
Beware of geeks (sic) bearing gifts!

shocking behaviour!

Thanks for the advice, I will make sure I scrutinise everything.

[charitynjw]

Re: Compensation/damages for fabrication of evidence?

Another bit!

We were able to show documented evidence that one of the respondent's witnesses had (after having the benefit of legal advice) completely changed their 'recollection ' of events - their statement taken during the Grievance investigation was in direct conflict to their statement under oath to the court.

The Judge seemed to suddenly suffer from some sort of temporary deafness! - shuffling papers, flicking through documents as if looking for something (divine inspiration, maybe! lol)

It has been mentioned elsewhere that court cases are a bit like a lottery.
I for one was left with the impression that all is not transparent & above board.
But hey, there's no such thing as phone hacking either, is there?

I know this may sound cynical (we settled out of court, btw), but it's better to go in with eyes wide open.
& believe me, I hope that with your case, everything goes how a legal dispute should go - both sides presenting their version, & may the best (& most legally deserving) person win!

[Minionator]

Re: Compensation/damages for fabrication of evidence?

Another bit!

We were able to show documented evidence that one of the respondent's witnesses had (after having the benefit of legal advice) completely changed their 'recollection ' of events - their statement taken during the Grievance investigation was in direct conflict to their statement under oath to the court.

The Judge seemed to suddenly suffer from some sort of temporary deafness! - shuffling papers, flicking through documents as if looking for something (divine inspiration, maybe! lol)

It has been mentioned elsewhere that court cases are a bit like a lottery.
I for one was left with the impression that all is not transparent & above board.
But hey, there's no such thing as phone hacking either, is there?

I know this may sound cynical (we settled out of court, btw), but it's better to go in with eyes wide open.
& believe me, I hope that with your case, everything goes how a legal dispute should go - both sides presenting their version, & may the best (& most legally deserving) person win!

Wow, I did not think that kind of behaviour came from Judges. Luckily I have a very good one it seems. They have remained very objective up to this point.

I'll look out for the paper shuffling and temporary deafness!

[SpringerSpaniel]

Re: Compensation/damages for fabrication of evidence?

It is useful to ask yourself what loss, damage or harm the other side's conduct in this regard has caused you.

If the main detriment is to make it more difficult / less likely that you will win the existing claim in the Employment Tribunal, then the conduct should be the subject of the evidence and submissions in that hearing which you already have coming up.

The primary purpose of civil litigation including claims in the employment tribunal is to put the claimant in the position they would have been in had the defendant not breached their legal obligations in the manner alleged. The claimant, if they are succesful, is compensated for the loss they suffered as a result of the defendant's conduct. The purpose of civil litigation is not primarily about punishing the defendant per se.

If the papers provided to the tribunal reveal conduct of a criminal nature eg perverting the course of justice, breaches of Health and Safety law, the Tribunal can of its own accord pass the case file to the CPS or other relveant authorities such as HSE.

If you do have personal losses or harm where causes of action outside the employment tribunal become relevant, if the other side have already been succesfully prosecuted for criminal offences, you are able to rely on this in evidence under the provisions of the Civil Evidence Act.

In answer to your question, "Also, can I use the bundle of documents they prepared for the PHR as evidence for a different court, should this be possible?" the answer is yes.


If the main harm to you from the conduct you describe as 'fabricated evidence' is to make it appear that they are right and you are wrong to the employment tribunal, what you need to do is to use the papers you have received to cross examine the other side's witness by putting previous inconsistent statements to them in the hearing during cross examination. Post again if you would like further advice on witness handling.

[friscopaul]

Re: Compensation/damages for fabrication of evidence?

Hi,

FriscoPaul highlights malfeasance by Frisco Texas Police Department and malicious prosecution by Collin County Prosecutors. We now know that tampered evidence was used at trial, this has been confirmed by multiple experts.

Thanks Paul Bailey

[teaboy2]

Re: Compensation/damages for fabrication of evidence?

Hi Paul, whilst your link is informative its not relevant to UK Employment Laws since your USA based and the laws are different. Though no one denies the tampering of evidence in your case. I have asked the site team to remove your post to prevent other users from being confused. Though by all means speak to the site team and see if they are willing to let you have your own thread regarding your own experience.