I'm a benevolent employer

[peter270357]

I am defending an ET claim in April for automatic dismissal and discrimination - I just want to run a few things past the collective wisdom

[peter270357]

I'm representing myself

[peter270357]

a solicitor with 30 years Emp Law experience is representing the claimant but that doesn't really worry me as I have a good prima facia case

[peter270357]

Is there anyone out there who knows about these things? I've made it past the PH.

[des8]

If you post some details you might get a response, but remember this is the weekend and peeps have families and lives!

[efpom]

It is not necessary or helpful, to post each paragraph of your query, as a separate post.

In order to get any relevant help on here, I suggest you post up a redacted copy of the ET1 - the claim and your defence - your ET3.

[peter270357]

Ah yes, now I remember why I stopped posting on fora a few years ago. Every forum has a different set of rules, a different set of protocols and a different set of intolerants who might use commas in the wrong places.

Thanks for the welcome DES8 - you're probably right in that not many will be very interested in beagling of a weekend.

Personally, I don't think it will be very helpful or necessary to give the whole case. I wasn't really looking for a judicial review, just some pointers and the answers to a few procedural questions.

The first general question is this.

The claimant's experienced solicitor and indeed the judge at the prelim are suggesting exchange of documents (on the documents list) and that the said solicitor prepare the paginated 'bundle' for the tribunal hearing. This means of course, that I have to disclose virtually my entire case and supporting docs to him and trust him not to alter any of the claimant's case or documents (in the light of that shared info) when preparing the bundle.
Are there any safeguards to prevent this happening?
Sorry if this is mundane and self-evident but I trust no one in this matter.

[efpom]

Document exchange, and witness statement exchange, are both perfectly normal in all court and tribunal proceedings in England and Wales. It's called disclosure.

In court proceedings it is also normal, and required, for the parties or their legal representatives to agree (or attempt to agree) a single bundle for use at trial.

In ET proceedings, the tribunal will usually give directions for a single bundle of documentary evidence to be made, and usually it directs, where one party is a litigant in person and the other is not, that the represented party make that bundle.

In all proceedings, where there is a disagreement about what documents should be included in the bundle, there will, nevertheless, be a single bundle, and the "extra" documents are prepared in a separate bundle, by the party relying on them - copied to the other party and the court. The court will then make a determination about whether the documents are admissible as evidence

A party cannot amend their statement of case, or defence, once made, without the permission of the court (or tribunal) and judges are astute to prevent a party from trying to take advantage by trying to amend it's statement of case or defence, following information revealed during disclosure.

If a party, at trial attempts to put in evidence a document that has not been disclosed to the court or the other party, it is likely that the document will not be admitted, but it may be.

In any even, the party that failed to give disclosure is likely to have a costs order made against ii, on the ground of unreasonable behavior.

[peter270357]

Most helpful , thank you!
One further question on that.
Dealings with the claimant's solicitor have been by email.
Who goes first in terms of the provision of copies of documents on the list?
If I send those copies, it allows time for their case to be altered (and vice versa .. )
Should I attend their office and exchange simultaneously?

[efpom]

See my 3rd last para at #8. How exchange is made is up to the parties.

[peter270357]

OK thanks