Failure to comply with case management orders in an ET

[Sarah68]

Hi, Apologises if this has been covered already. I am in need of advice please. I am due in a ET end of Oct 17 (5 Wks time) and my ex-employer has yet to provide me with any of the Case Management Orders. I have written to them three times asking for the List of Documents but no reply. I also send copies of the letters to the tribunal office. What would be my next course of action please?

[Kati]

Re: Failure to comply with case management orders in an ET

tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] xx

[ULA]

Re: Failure to comply with case management orders in an ET

Are the Case Management Orders in relation to requests to have document disclosed to your from your ex-employer or do they relate to something else?

[Sarah68]

Re: Failure to comply with case management orders in an ET

Are the Case Management Orders in relation to requests to have document disclosed to your from your ex-employer or do they relate to something else?

Thank you for reply. The Case Management Orders that my ex-employer has not responded to is List of Documents, Bundle and Witness statements. I have spoken to ACAS who said to write nice letters to prompt a reply. To date they only thing I have from them is a copy of the ET3.

My ex employer has a copy of my List of Documents.

Thank you

[ULA]

Re: Failure to comply with case management orders in an ET

If the documents have not been provided in accordance with the timescales detailed within the CMO then I would suggest that you write to the other side as soon as possible, politely pointing out this fact and request them to be sent to you immediately or provide you a timescale when they will be forthcoming. If the respondent’s continues to not provide the information then keep chasing them. This is about the only situation in which multiple letters making the same point are any use: a series of polite but gradually escalating reminders will stand you in good stead.

[Sarah68]

Re: Failure to comply with case management orders in an ET

Thanks Ula. I have written three letters now to them. I was very poliet and have asked them three times to send me the information as set out by CMO and give timescales. All of which have been received at their end yet they have not replied to any of the letters. Hence why I am asking for advice on the next step. Thank you

[ULA]

Re: Failure to comply with case management orders in an ET

What date did the CMO give to the respondents to provide the required documentation? You say they were received at there end is that because you send them recorded delivery and you have tracked their receipt.

If they continue not to respond and do not sent you the documentation in the agreed timescales given in the CMO then you could make and application to have the respondent struck out.

[Sarah68]

Re: Failure to comply with case management orders in an ET

Thank you for your reply. The respondent dates for supplying the information "List of Documents" no later than 15th Aug 17, Bundle 20th Aug 17, Written Statements of the Evidance 12th Sept 17. I wrote to the respondent on 23rd Aug 17, 4th Sept 17 and 12th Sept 17. All my letters were sent to them recorded delivery and yes I have tracked and kept the receipt and proof of signatures.

How do I make an application to the courts?

Ideally I want them to attend the hearing as the respondent would struggle to justifiy their actions in a hearing.

Thanks in advance

[ULA]

Re: Failure to comply with case management orders in an ET

If you do want consider the option for making an application to strike out the part of the response that forms the contents of the CMO then in the first instance I would suggest a final recorded letter being sent to the respondent. This should detail that they have not responded with the required documents in the timescale prescribed in the CMO (provide details of documents and time given to supply each piece of information), that you have chased for these documents and detail the dates of your various correspondence. Give them 7 days to provide you with the documents and inform them that if they do not then you will making an application to the ET to have the part of their response covered by these documents struck.

Hopefully that will prompt them to provide you with the documents but if not happy to assist with a letter to the ET making the appropriate request.

[Sarah68]

Re: Failure to comply with case management orders in an ET

Many thanks. Appricate your help.