Evidence in disclourse has been edited

[mechjerk]

I am in the process of taking my NHS employer to a tribunal regarding disability descrimination (I'm deaf).

We are currently at the stage for exchanging our disclourses, or would be expect I got an email from them yesterday night asking would I agree to an extension. Apparently due to an it upgrade they have lost my disclosure files...

I have a feeling they are going to claim the files are unrecoverable next, is this a common tatic?

[nemesis45]

Re: Respondent has lost files

I am in the process of taking my NHS employer to a tribunal regarding disability descrimination (I'm deaf).

We are currently at the stage for exchanging our disclourses, or would be expect I got an email from them yesterday night asking would I agree to an extension. Apparently due to an it upgrade they have lost my disclosure files...

I have a feeling they are going to claim the files are unrecoverable next, is this a common tatic?

No I think not.

I presume you have copies of all documents you have submitted?

nem

[mechjerk]

Re: Respondent has lost files

Yes I have both printed and electronic copies.

The weird thing is that we both thought the orginal deadline was three weeks ago. It was only last week that we recieved the summary letter and the judge had given us a bit extra. Not knowing this at the time I gave them my disclourse they failed to answer my emails about theirs.

It's only this time that they have come out with this, I have no idea what they are playing at.

[nemesis45]

Re: Respondent has lost files

Yes I have both printed and electronic copies.

The weird thing is that we both thought the orginal deadline was three weeks ago. It was only last week that we recieved the summary letter and the judge had given us a bit extra. Not knowing this at the time I gave them my disclourse they failed to answer my emails about theirs.

It's only this time that they have come out with this, I have no idea what they are playing at.

Often when major public bodies are involved things do go astray in the system I'm sorry to say.

nem

[wales01man]

Re: Respondent has lost files

Whats their problem? if they have lost their files but you have the same they ask you for copies and job done.

[mechjerk]

Re: Respondent has lost files

I've never seen what files they have, I'm assuming there are lots of emails between themselves and HR and the various line managers involved.

I have a feeling they don't want anyone to see these emails hence they have been lost.

[wales01man]

Re: Respondent has lost files

Would expect by law they must have these files there would be a back up somewhere think you are right

[mechjerk]

Respondent is ignoring all requests

The respondent in my case (a NHS trust), is ignoring all my attempts to communicate with them. They are 10 days late with there disclourse, and there is no sign they are ever gping to hand it over.

I plan of writing to the tribunal office and explain as I believe they can order the respondent (although I doubt that will do much good).

Is there any course of action I can také regarding the person that is the contact at the Trust? She has been a pain in the butt from the very start and her behaviour is very unprofessional?

[Nomoneynoproblem]

Re: Respondent is ignoring all requests

The respondent in my case (a NHS trust), is ignoring all my attempts to communicate with them. They are 10 days late with there disclourse, and there is no sign they are ever gping to hand it over.

I plan of writing to the tribunal office and explain as I believe they can order the respondent (although I doubt that will do much good).

Is there any course of action I can také regarding the person that is the contact at the Trust? She has been a pain in the butt from the very start and her behaviour is very unprofessional?

Your only option is to write to the Tribunal and get the Judge to issue a directive order.

Regards

NMNP

[mechjerk]

Respondent responce struck out

I've recieved a copy of a letter today that has been sent to the respondent telling them they may have the responce struck out due to not obeying orders and not communicating.

If this happens, what happens to my case? Do they have no further say in proceedings? Do I still have to go to the court?

[mariefab]

Re: Respondent responce struck out

The Respondent can apply for an extension of time to comply which may or may not be granted by the Tribunal.
Has a hearing date already been set?

[mechjerk]

emailed disclourse???

The respondet in my employment tribunal case has finally sent me their disclourse in two pdfs via email.

Is this normal?

Also the disclosure has no index just a lot of scanned letters and emails, badly scanned and randomly put in an order.

Not all the files are even their for example I expected alot of common files between us but they are missing alot of emails I sent them, shouldn't these be included?

[nemesis45]

Re: emailed disclourse???

The respondet in my employment tribunal case has finally sent me their disclourse in two pdfs via email.

Is this normal?

Also the disclosure has no index just a lot of scanned letters and emails, badly scanned and randomly put in an order.

Not all the files are even their for example I expected alot of common files between us but they are missing alot of emails I sent them, shouldn't these be included?

Simple answer No, if evidence is provided to the tribunal in this way it's likely to be ignored or thrown out.

nem

[mechjerk]

Re: emailed disclourse???

Does this mean they should have presented me with a printed copy of their disclourse? They want me to look through their pdfs and tell them what I want included but it's a nightmare trying to sort through the files as their are no real page separations as to where one email starts and another ends.

I've also discovered one piece of evidence has been messed around with. I have the orginal form I filled in and they have a copy but with some information missing (which suggests they have doctored the form in their version).

[mechjerk]

Evidence in disclourse has been edited

When I received the disclourse from the respondent, I noticed one document had been edited. It's a photocopy (I have the orginal), and they have removed a few sentences that are quite bad for them.

I wrote to the tribunal and told them this and copied in the respondents solicitor. He's emailed me back a very snotty email telling me I should come to him in the first instance, they deny the edit say it's a mater for cross examination at the trial, is this right?