Bujon - Employment Tribunal Help Please

[Bujon]

Re: Witness Statement Detailed or not so much?

Not exchanged anything as yet! so this will be simultaneous exchange.

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and my other WS is actually 4 pages long (double line spaced, but is a full and frank account of their personal experiences of the perpetrator rather than witness to my incidents.

[judgemental24]

Re: Witness Statement Detailed or not so much?

The judge would have done a case telephone conference between you and the respondents solicitor.

He would have decided then if an order was needed to exchange. It is common now to do a sequential exchange with the option of enclosing any extra document anytime up to the actual hearing

[judgemental24]

Re: Witness Statement Detailed or not so much?

Bujon

I have to ask

I take it you submitted grievances etc, what was the outcome of those grievances??

[Bujon]

Re: Witness Statement Detailed or not so much?

Bujon

I have to ask

I take it you submitted grievances etc, what was the outcome of those grievances??

Yes I did the full grievance procedure, and my grievance was not upheld, I appealed that decision, and the appeal investigations was to not uphold my grievance either. Throughout the grievance and appeal process I provided all the evidence several times over inclusive of other Witnesses account, plus documentation on definitions of bullying etc. Basically I couldn't do anymore than I did

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...and at no point was I asked my expected outcome should my grievance be upheld.

[judgemental24]

Re: Witness Statement Detailed or not so much?

Then your claim to the Tribunal is sound

Good luck

[FlamingParrot]

Re: Witness Statement Detailed or not so much?

As my ET approaches fast I have a couple of days to produce and swap my witness statements. I am wondering how much detail to put into this? I am simply relying on my emailed evidence as a reaction to each of 5 separate incidents to prove balance of probabilities.

i.e. the fact that I reacted in the way that I did at the time is proof enough.

Any thoughts??

Include anything that's relevant to the point you are trying to make without making it unnecessarily long and confusing.

This is a bullying and harassment case and a couple of breach of contracts is the legal angle...wasn't sure whether I should mention my "tact" or not?

Without more details, it's hard to comment further. :mmph:

Do have the respondents WS so you can actively responds to their statements.

nem

That's not how it usually works, both sides are supposed to draft their own WS with their own sequence of events as they see them, rather than being a response to the other side's. However, once you get the other side's WS you should make your own comments against each paragraph and pass them on to your solicitor (if you have one) or take them with you to the hearing so you'll know what questions should be asked in order to debunk what they're saying. :thumb:

[mariefab]

Re: Witness Statement Detailed or not so much?

Here's an example of a good one.

http://www.lrdpublications.org.uk/do...sStatement.pdf

[Bujon]

Re: Witness Statement Detailed or not so much?

Here's an example of a good one.

http://www.lrdpublications.org.uk/do...sStatement.pdf

My witness statement is a chain of events with accurate dates and a description of what happened. I haven't referred to any points within the bundle!! Even though my bundle substantiates my statement. I haven't even put my bundle in any particular order as yet, I was under the impression I simply sent the other side a pile of documents (evidence) and also the WS's! One day to go so no time to change


Also given that I haven't yet received all evidence from my request to the employers rep, I was under the impression that the actual bundle was copied and submitted to the tribunal in a few weeks, i.e. this first swap is simply to exchange docs with the other side and see where we stand?, rather than to put into an order and reference? Although I wouldn't assume I could insert number points to my statement at a later date? i.e. (see bundle page 5)?

[judgemental24]

Re: Witness Statement Detailed or not so much?

You need to remember most of these claims never get to an actual tribunal hearing.

I have handled three myself and all were settled my mutual consent a few days before going into the tribinal. The tribinal needs a minimum of 48 hours to vacate the hearing so it is pushed right to the wire.

[Bujon]

Re: Witness Statement Detailed or not so much?

You need to remember most of these claims never get to an actual tribunal hearing.

I have handled three myself and all were settled my mutual consent a few days before going into the tribinal. The tribinal needs a minimum of 48 hours to vacate the hearing so it is pushed right to the wire.

Guess I need to hold firm and be fully prepared to go! How would someone approach me regards a mutual agreement that late in the day?.....and assume I have the option to refuse. My schedule of loss is for circa Ł10k

[judgemental24]

Re: Witness Statement Detailed or not so much?

The respondents solicitor always contacted me as i was handling the claim for the member.

It will always be last thing, and i mean a few hours. Say the hearing was set for the following thursday, the previous tueday would be when the solicitor contacts you, normally midday. You have to agree by close of business the settlement, normally 4pm

You will be doing this outside of ACAS, even if they have been involved. It will not be the usual COT3 Settlement but a settlement by mutual consent

Your representative will be phoning you to agree to accept the proposals or not. If accepted the respondents solicitor will draw up the agreed settlement and email you.

ACAS or the labour Relations Agency are giving a copy to sign off and the hearing vacated

If you are doing this alone the respondents solicitor will contact you direct

You will not have time to breath, believe me

Remember if you are offered a reasonable settlement and refuse, that can work against you if it goes to the actual Tribunal

If your schedule of loss is 10 k, and they offer 6 or 7 to settle, you will be foolish in my opinion to reject other than for loss of wages

[Bujon]

Re: Witness Statement Detailed or not so much?

Ok well it sounds like deep breath time then!

[Bujon]

Employment Tribunal Bundle and info request

Ok folks, so my evidence has been swapped, however I have been requested for some further infromation under 'additional information' and 'discovery'.

The discovery items are purely to substantiate my losses and prove I have mitigated them. I will include this within my schedule of loss so don't feel the respondents should be demandning this at this stage.

The additional items concern me slightly, because they are questions which surely should be asked at tribunal?...
i.e....
"With specific detail will the Claimant state how he believed he could dictate his working hours to his employer?"

Can I simply return with the response that, you can include that in cross examination? and simply discard at this stage?

[FlamingParrot]

Re: Employment Tribunal Bundle and info request

Even if you win your case (presumably unfair dismissal), the ET has discretion to reduce the actual amount it awards if it looks like you have not done enough to mitigate your loss, such as by looking for alternative employment after dismissal. Without further information, I'm not sure what they mean about you dictating your working hours, it sounds like you are saying you can only work between certain times and they regard that as restricting your options. You should be able to explain your reasons for that, such as childcare issues or other caring responsibilities, transport (i.e. if you rely on public transport to get to work), health reasons, etc. for restricting the hours you can work.

The more evidence you show of having tried hard to find work and mitigate your losses within reason (i.e. taking into account personal circumstances as above), the higher your chances of maximising your award. :thumb:

[Bujon]

Re: Employment Tribunal Bundle and info request

Even if you win your case (presumably unfair dismissal), the ET has discretion to reduce the actual amount it awards if it looks like you have not done enough to mitigate your loss, such as by looking for alternative employment after dismissal. Without further information, I'm not sure what they mean about you dictating your working hours, it sounds like you are saying you can only work between certain times and they regard that as restricting your options. You should be able to explain your reasons for that, such as childcare issues or other caring responsibilities, transport (i.e. if you rely on public transport to get to work), health reasons, etc. for restricting the hours you can work.

The more evidence you show of having tried hard to find work and mitigate your losses within reason (i.e. taking into account personal circumstances as above), the higher your chances of maximising your award. :thumb:

Apologies, I understand the mitigating loss, and my schedule of loss I'll provide them a breakdown of that in due course.

The additional information they ask for is simply the answer to three questions, which are related to incidents occurring during the period I alledge bullying and harrassment, and therefore I don't feel I need to respond other than "you have already this inforamtion from the grievance I raised and the subsequent evidence provided at the time.