#Employment : ET3 questions, also non compliance with SAR

[30stm]

Hello All

 

The ET accepted my claim (sexual harassment, discrimination, victimisation) and I have recieved the ET3 responses (1 from employer, 1 from manager) both basically the same and prepared by their rep from the EEF.

 

This rep is the same person who advised the repsonse to the Statutory Questionnaire that I issued to the company. This was given to me on the last day of the 8 week time limit (and a week after the last day lodgement to ET) and was signed by a HR rep rather than the EEF rep (even though it was she who drafted the response).

 

The response left a large number (all but 2 really) of direct questions wholey unanswered, "don't see relevance, please state and we will consider further upon reciept bla bla". Not to be drawn into this time wasting excercise since the 8 weeks had elapsed and the claim already lodged, I simply pointed out that the tribunal may draw an adverse inference bla bla.

 

In the ET3, the rep has stated that the Stat Questionnaire was answered in full and no inferences should be drawn - so my question is: what is the point of this? As soon as the Tribunal read it, they will see that most questions weren't answered at all, let alone in full.

 

There is also a denial that the HR rep that I had my initial meeting with, when reading through my grievance letter, made a comment referring to the manager "having been warned about this before" when she got to the part about him winking/calling me darling etc. Now, I told this to the investigator and it's there in the minutes of this and subsequent meetings that the HR rep said this and it was never challenged. I had not previously complained of these things so obviously some else had spoken to HR. The investigation summary said that a number of other females had confirmed that the manager does these things (though ofcourse he denies it). 1 of the people was the HR rep! So my question here is: what's the point in denying she said this now?

 

On the ET3 and also the Questionnaire "response", they seem to make a big deal that "emails from the previous year" indicate that organized nights out are an extension of work. Yes, I know this. However, seeing that they press this point on paper, I have all the emails sent before this particular event/incident and it does not have that bit included. Question: is this a disclaimer of sorts? If so, what's the point in saying that emails from the past have included it when the ones relevant to the incident (which I have) do not?

 

TBH, I didn't think much of their ET3 - it didn't seem like they were making much of an effort to counter my claims. No doubt as time goes on, they will become more agressive in their approach.

 

I had requested a copy of my personnel folder on the Stat Questionnaire which wasn't provided so I then made a Subject Access Request which HR accepted more than 40 days ago and it has not been complied with. I have emailed a Letter Before Action giving a further 7 days to comply but I doubt they will and if so, then certainly not in full.

[RachelMD]

Eef?

[RachelMD]

Well, yeh. Looking good so far.

To quote Mandy Rice-Davies, it's a case of, "Well they would, wouldn't they?"

Respondants do deny everything, even if it's written loud and clear in the documents of the case. That's all they've got.

The key thing to remember in ET cases is- Don't be complacent and expect the ET to go looking for the irregularities.

What seems obvious and glaringly inconsistant to you, having been involved to a deep emotional level with this matter for an extended period of time, might be completely overlooked or disregarded by a bored, indifferent ET member confronted with your case on the morning of the hearing.

You need to prepare the presentation of your case meticulously, to impress the inconsistancies upon the tribunal.

[teaboy2]

I agree with Rachel above, they do deny everything, after all they are not going to incriminate themselves. So prepare your argument and case thoroughly so you can explain everything to the ET.

 

Also as Rachel asked - Whats an EEF?

[30stm]

Thanks for the replies - the EEF stands for Engineering Employers Federation and they advise employers on employment law/relations etc