Former employers failure to disclose, please help x

[Eloise01]

Re: Former employers failure to disclose, please help x

hi im currently in the same position, my tribunal starts in 2 days time and my former employers are not giving me any documents either, this in turn can only go against the employers at the tribunal as the employers will have been made aware that any documentation should be given to the other parties at least 7 days before the hearing begins, so you may find they will hold onto the documents til a week before the hearing is due to start, if the dont give you the documents until the day, which they must do if its an unfair dismissial case then april 2012 it is a judge who sits alone, then you and your employers are required to take 4 copies of all documentation. this is often the case as employers will try and drag this out for as long as possible, but again every case is different, if you have a lawyer involved ask him/her to request the documents, again without knowing the background of the case this is all i can suggest at the moment

Ermm - the OP lost their case :tinysmile_cry_t:

[charitynjw]

Re: Former employers failure to disclose, please help x

Hi kevjampip,

It is important to bear in mind that the employer, in many cases, has the advantage of legal advice & representation, often via a specialist Employment Law firm. Employees/ex-employees often do not have this advantage, either through lack of funds or not being a member of a Union.
All too often, personal involvement & emotions only cloud the issue.
It's a bit like your local Sunday league footy team, with enthusiasm & zeal, taking on Man Utd.

The Tribunal will be looking at what is legally permissible, which may be a far cry from what we lay people think is 'fair'.

Take this thread, for instance.

The OP thought that the dismissal was unfair.
Eloise01 identified the 'back-story, cut through to the main issue, & advised accordingly.
The OP's stance re H & S issues became largely irrelevant, & they unfortunately lost the case.

However, I wish you all the best in your case, I hope that the outcome is a happy one for you.
Please let us know how you get on.