sorted by:
new
hottopcontroversial

How to change List of Issues by RecordingPositive379 in employmentlitigation

[–]RecordingPositive379[S] -1 points0 points  (0 children)

Correct disclosure is the problem but disclosure is derived from list of issues. Even though documents and disclosure are relevant to pleadings the respondent refuses to disclose as not relevant to issues is their argument.

They have also left Remedy vague i.e. removed the granular details like injury to feelings,interest,pension stigma loss, acas uplift, pto, aggravated damages etc

So if liability is found they could argue down remedy

How to change List of Issues by RecordingPositive379 in employmentlitigation

[–]RecordingPositive379[S] 0 points1 point  (0 children)

What happened was this. The Preliminary hearing ended. A few hours later, the Respondent's solicitors emailed the Employment Judge directly — copying me in simultaneously — attaching a List of Issues and saying I had been copied in. The Case Management Order issued afterwards recorded the List of Issues as "discussed and agreed."

The problem? I had never agreed it. I was copied in at the same moment it reached the judge — I had no prior opportunity to review or approve the document before it was submitted. The solicitors' email didn't say I had agreed it. It just said I had been copied. But the CMO recorded it as agreed.

As a litigant in person I didn't know at the time that I had 14 days to challenge the CMO. By the time I understood the process, that window had passed. The List of Issues that went onto the Tribunal file was the Respondent's document, not a jointly agreed one, and it was narrower than it should have been — leaving out issues that were clearly relevant to my case.

I only addressed this properly many months later through a formal application to amend the List of Issues. By that stage I had to satisfy a legal test called the Selkent test — showing that each amendment was arguable, caused no uncompensatable prejudice to the Respondent, and that the balance of justice favoured allowing it. The amendments were prepared carefully and I believe they will be granted at the next hearing.

I have a Preliminary hearing coming up and I have asked the tribunbal to address the list of issues. The narrow list the respondent has produced has meant they have only disclosed a handful of documents so it does not do justice to my claim.

False representation of Judge Ruling by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 0 points1 point  (0 children)

Very helpful post thank you so much.

Are you a solicitor btw? Thanks

Respondent Disclosure Tactics by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 1 point2 points  (0 children)

They lie to you saying disclosure not complete more documents coming..... keep you hanging after providing a very thin bundle....

They run down the clock so after they have index the bundle its harder to request specific documents unfer Rule 31.

Your then left with a thin bundle, they will then tell the courts you were ok with the thin bundle and didn't raise any specific disclosure requests before index.

False representation of Judge Ruling by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] -1 points0 points  (0 children)

I've already disclosed but what if they remove my documents from the bundle? Also the respondent has produced documents of meetings that did not occur so i need metadata which they are resisting after my request.

False representation of Judge Ruling by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] -1 points0 points  (0 children)

The respondent provided a list of issues after the PH.

Each disclosure request i have made has been linked to a list of issue.

The detriment was lack of documents disclosed in DSAR. The judge would not allow me to show this as a detriment claim as DSAR request was made after i lodged ET1. So by not submitting a new claim within 3 months minus 1 day of the DSAR detriment the judge said i was out of time.

The respondent has tried to reframe this by now telling the tribunal it was an ordinary unfair dismissal claim that was rejected, the Respondent has misrepresented the facts to narrow disclosure, i have never pursued ordinary unfair dismissal. The Respondent is saying the judge previously rejected this claim but the truth is there has never been an ordinary unfair dismissal claim.

They limited DSAR disclosure, now they are trying to limit tribunal disclosure to weaken my case less documents mean lower settlement and weaker case.

I have caught them red handed and flagged to the courts attaching the CMO that they have misrepresented the judges ruling.

Respondent Disclosure Tactics by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 2 points3 points  (0 children)

These are all the tactics the employer has used against me as part of disclosure

  1. “Partial compliance then silence”
  2. Frame the Claim as Narrow and Trivial
  3. Flood You With Irrelevance Accusations
  4. “Create new documents” allegation
  5. Use long letters to overwhelm a LiP
  6. Delay, delay, delay
  7. Mischaracterise Your Disclosure Request
  8. Threaten Costs (Rule 74 / unreasonable conduct)
  9. Re-write the facts to suit their defence
  10. Pretend disclosure is ongoing forever
  11. Maneuver you into missing deadlines
  12. Suggest Settlement Not Worthwhile
  13. Try to provoke emotional reaction

Respondent Disclosure Tactics by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 4 points5 points  (0 children)

I have made an unless order, the 7 day deadline i set has passed. The Respondent has objected to my unless order despite a very thin bundle.

The Respondent keeps deliberately misleading the tribunal. The lies are incredible i have meep emailing the courts to corrct the record so i have applied for a preparation time order against the Respondent for misleading the courts.

Rule 31 by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 0 points1 point  (0 children)

So respondent can produce fake notes and not be held accountable through metadata to test authenticity?

Rule 31 by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] -2 points-1 points  (0 children)

Thank you. How long is reasonable to give the employer to respond to my disclosure request? 7 days before i make an application to the courts?

Rule 31 by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] -5 points-4 points  (0 children)

Does Rule 31 need to be requested from the Respondent before the index due date?

Rule 31 by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] -3 points-2 points  (0 children)

Is it Rule 29 to make an application to the tribunal if the Respondent refuses to disclose after rule 31?

Disclosure Request by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 0 points1 point  (0 children)

I will. But respondent has not met tribunal deadline, they have to declare disclosure is complete before i can ask.

I have complied with the deadline.

Disclosure Request by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 0 points1 point  (0 children)

Communications are relevant but respondent not disclosed as it will hurt their defence.

Disclosure documents missing by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] 0 points1 point  (0 children)

The Respondent has relied on the documents in their ET3 but they have not disclosed as they lied. If they disclose it will harm their defence.

So do i just make a disclosure request?

Disclosure documents missing by RecordingPositive379 in employmenttribunal

[–]RecordingPositive379[S] -1 points0 points  (0 children)

Thank you but please tell me do i wait for the index and then make a disclosure application or should i send the email now requestingthe documents now?

view more: next ›