Former employers failure to disclose, please help x

[Phill]

Re: Former employers failure to disclose, please help x

4 weeks tomorrow is court day, we have been told by there solicitor that statements will be exchanged 2 weeks before the court date, can this date be changed or is it set in stone.

[Eloise01]

Re: Former employers failure to disclose, please help x

Hmm. Trick question!

Can it be changed - no.
Will the documents arrive on time - probably not
What can you do when they don't - go back to top of page!

Just make sure that you comply, and report non compliance to the tribunal.

[Phill]

Re: Former employers failure to disclose, please help x

can you please advise what we should do regarding exchanging statements,they must be exchanged by next tuesday. their solicitor has been very unreliable and slow in the communication area to put it politely. we are nervous of sending our statement to them because we cant be sure when they will send theres,i hope that makes sense any advice very gratefully recieved x

[Eloise01]

Re: Former employers failure to disclose, please help x

Send yours. This is not tit for tat. There is no benefit to delaying.

[Phill]

Re: Former employers failure to disclose, please help x

thanks Eloise we dont want to delay but we are concerned that statements from them may be changed before submitting them once they have read dads. it wont change the facts and we have original statements from there disclosures but we expect some of them to be updated and dont want them doing it unfairly does that make more sense?

[Phill]

Re: Former employers failure to disclose, please help x

These are the final statements by the way the case is 3 weeks Tuesday, if we send dads to there representative on Tuesday as were supposed to I'm sure she will send her clients to dad as she is a professional I think maybe I'm just becoming nervouse and paranoid as the date draws nearer !!!

[Eloise01]

Re: Former employers failure to disclose, please help x

Yes, there is always a danger that statements could be changed, but it happens less frequently than people think - and judges are not idiots whereas people who change statements often are!

[Phill]

Re: Former employers failure to disclose, please help x

Hi all just over a week to go,got witness statements from respondent nothing unexpected which is good,I was wondering if witnesses are allowed into the hearing before giving evidence or reading there statements? Or do they have to wait outside until called?

[Eloise01]

Re: Former employers failure to disclose, please help x

No - it's a much less formal sort of court and everyone just piles in!

[Phill]

Re: Former employers failure to disclose, please help x

Thanks Eloise, not long to go now about 10days, there doesn't seem to be any offer from them as yet do you think they might or not bother now and let the court decide ?

[Eloise01]

Re: Former employers failure to disclose, please help x

Oh goodness - it isn't unusual to settle on the morning you arrive at the tribunal. Loads of time yet!

[Phill]

Re: Former employers failure to disclose, please help x

7 days and counting

[Eloise01]

Re: Former employers failure to disclose, please help x

You will know that they are unlikely to settle when you walk through the doors of the court, not before. And even that isn't a guarantee as I have known settlements to be reached during the case! Not often, but it happens.

[Phill]

Re: Former employers failure to disclose, please help x

i obviously think my dad will win but personaly im not sure about his health, since all this started its gone down hill quick,for this reason i would prefer they made at least an offer so he dosent have the stress to deal with on the day,i suppose we just have to wait .x

[PlanB]

Re: Former employers failure to disclose, please help x

You will know that they are unlikely to settle when you walk through the doors of the court, not before. And even that isn't a guarantee as I have known settlements to be reached during the case! Not often, but it happens.

This is true. I settled a case (not ET) at lunchtime after the opponent had heard enough during the morning in court and decided to surrender rather than risk defeat and even more costs :yield: