Tribunal Advice Please

[tbbt1901]

Yes king

[kingofrod]

Yes king

 

Maybe I'm being sceptical, but could the respondent's solicitors just be trying to make life as difficult as possible for you, in the misguided belief that you'll be easily scared off as you're unrepresented? I think that, unless there are some REALLY bad breaches of the Tribunal's orders, they'd probably be fairly reluctant to hand down fines, just as they seem to be reluctant to award costs. Perhaps the respondent knows this?

 

Mine [respondent's solicitor] is taking a different approach - they're appealing against ANYTHING I ask for, they're complaining at the slightest slip up, they're being extremely 'heavy handed'. They know I'm unrepresented and I think are trying to scare me off.

 

But this woma, errrrr, man is not for turning.

 

Actually, this raises a question for me. On the original communcation from the Tribunal, it gives me the timeline and says at "1 week before the hearing" :

 

"where the claimant and the respondent are both professionally represented, the professional representatives shall prepare a draft statement of issues or questions that are to be decided by the Tribunal at the hearing. The draft statement of issues shall be subject to the Tribunal's agreement at the commencement of the hearing."

 

What does this mean? Should I ignore it, as I'm not represented?

 

Further, "four copies of each written [witness] statement shall be provided for use by the Tribunal at the hearing". Will these be provided, including mine, by the respondent along with the bundles? Or do I need to prepare four copies of my own statement?

 

Cheers

[lbruk]

You have to list a statement of issues, this is the complaints that you have against the respondent, you have to do it and get it to the respondents solicitor by he date set.

[tbbt1901]

Maybe I'm being sceptical, but could the respondent's solicitors just be trying to make life as difficult as possible for you, in the misguided belief that you'll be easily scared off as you're unrepresented? I think that, unless there are some REALLY bad breaches of the Tribunal's orders, they'd probably be fairly reluctant to hand down fines, just as they seem to be reluctant to award costs. Perhaps the respondent knows this?

 

Mine [respondent's solicitor] is taking a different approach - they're appealing against ANYTHING I ask for, they're complaining at the slightest slip up, they're being extremely 'heavy handed'. They know I'm unrepresented and I think are trying to scare me off.

 

I think you could be right but I've read elsewhere that respondents frequently act like this, in that they won't cooperate in anyway with claimants. I think this is a wide spread tactic.

I'll not be scared off by their threats I've come this far now as have you. what slips ups are they complaining over and how are they being wavy handed, guess I'll have this to come

 

Have you still not had an offer or anything from their solicitor?

[tbbt1901]

Hi king well I emailed off as you stated this morning in relation to the bundle and agreeing it.

Surprisingly though I have still not had any clarification back from the res despite me asking for their urgent comments by the end of today. This is the third order they have now missed, I'm at a loose end on where to go next !!

[honeybee13]

Hi king well I emailed off as you stated this morning in relation to the bundle and agreeing it.

Surprisingly though I have still not had any clarification back from the res despite me asking for their urgent comments by the end of today. This is the third order they have now missed, I'm at a loose end on where to go next !!

 

Hello again.

 

Please remember this thread is about kingofrod's problems. It will probably help if you have your own thread on the forum. If you don't know how to start one, I'll help you.

 

My best, HB

[tbbt1901]

Hello again.

 

Please remember this thread is about kingofrod's problems. It will probably help if you have your own thread on the forum. If you don't know how to start one, I'll help you.

 

My best, HB

 

HB thanks I have PM'd you

[tbbt1901]

King

 

Not sure if you can share your experience if you have Amy of this. The res wrote at the 11th hour yest to me and tribunal (rule 11(4)) asking for a 31 day to extension on agreeing bundle as they state my requests for documents are not simple.

I've written to opose their request (as I'm entitled to do) on the grounds they have had sufficient time (2 months) to disclose and have disclosed nothing, despite them arguing that only 1 document is "not simple". If you have any experience I'd be happy to hear thanks

[kingofrod]

Hi K,

 

No experience of that myself, to be honest. Hopefully Ibruk or Becky et al will come along with some insight. I would say that I hope the Tribunal falls on your side on this one. They've have plenty long enough to get the documentation to you and delays of this long just seem purposefully disruptive, if you will.

 

I would probably consider asking of the Tribunal that they throw out the respondent's appeal. They can ask that your claim be thrown out if you don't meet deadlines, and I think they're taking the p*ss a bit with the delays, so just as if the respondent didn't reply on time to the original ET1, I think you may be able to request that they not be permitted to continue their involvement and the Tribunal would automatically find in your favour, or hold the Tribunal in their absense.

 

I'm spitballing. Let's wait for someone more knowledgeable!

[tbbt1901]

Hi K,

 

No experience of that myself, to be honest. Hopefully Ibruk or Becky et al will come along with some insight. I would say that I hope the Tribunal falls on your side on this one. They've have plenty long enough to get the documentation to you and delays of this long just seem purposefully disruptive, if you will.

 

I would probably consider asking of the Tribunal that they throw out the respondent's appeal. They can ask that your claim be thrown out if you don't meet deadlines, and I think they're taking the p*ss a bit with the delays, so just as if the respondent didn't reply on time to the original ET1, I think you may be able to request that they not be permitted to continue their involvement and the Tribunal would automatically find in your favour, or hold the Tribunal in their absense.

 

I'm spitballing. Let's wait for someone more knowledgeable!

 

Thanks king...........

 

We will await

[honeybee13]

HB thanks I have PM'd you

 

Hello there.

 

I can't trace it, would you mind resending it please?

 

HB

[kingofrod]

Looks like your stuff has been split from mine..... Will keep an eye on it.

[ims21]

New thread created for Kgaryson00 issues here.

 

Please keep these two issues separate, one for Kgrayson00 and one for Kingofrod here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?339039-Fairly-urgent-tribunal-advice-needed&p=3808498#post3808498

[tbbt1901]

All

 

They asked for a 30 day extension and I wrote to ask the tribunal to refuse this request as they had significant time. Does anyone have any experience on how the ET will judge this?

Also I have a witness I want to call who testified in my grievance against one of the managers I raised it against. Have I left this too late now as were at the bundle stage, it only became apparent when I was going over my statement. That said I think he would refuse to attend to give evidence so I may have to apply for a witness order.

 

Thanks

[kingofrod]

If you haven't exchanged witness statements yet, no, you haven't left it too late. The bundle and witnesses are seperate, from what I gather.

 

I have included in my bundle some "for reference only" statements from a variety of people. These are things like character references and letters from my uncle and his wife to confirm that I was needed by them in Manch during my uncle's bed-ridden phase.

 

I didn't want to call these people to actually stand because of the stress it might cause them.

 

When you come to exchange official witness statements, you will have to call each person who has provided a statement so you still have time.

 

Why do you think this person would refuse to attend? Are they on you side, or likely to be against you?

[tbbt1901]

They testified in support of one of my grievance allegations which was upheld. I don't think he will attend as he is still employed by the company and would probably be perceived very negatively by the company if he was there supporting my case and giving evidence against his employer

[kingofrod]

Ah. Hmmm. Yeah, that's not brill. Do you have a copy of his statement given during the investigation performed by the company?

 

It might be worth submitting that and making sure to draw specific reference to it in your own witness statement to make sure the Tribunal take note....

 

I guess the Tribunal might issue an order to have him attend, but you have to consider your own conscience, I guess, and ask yourself whether you'd be happy putting him through that.

 

Interesting one.

[tbbt1901]

Yeah I have a copy of the grievance notes where he testified. If I approach him and say 'I want you to attend to support my case' he will say no guaranteed.

 

I'll do that in my statement as you say. If I approach the res and say I want you to call X as a witness I guess they'll say no too so I might just have to apply for a witness order.

 

Fortunately I have no conscience now, it's ne against them and I don't really care who I upset (respondent wise) so of be happy to put him through it.

[kingofrod]

Go for it then, mate. Go for it!

[tbbt1901]

All

 

They asked for a 30 day extension and I wrote to ask the tribunal to refuse this request as they had significant time. Does anyone have any experience on how the ET will judge this?

Also I have a witness I want to call who testified in my grievance against one of the managers I raised it against. Have I left this too late now as were at the bundle stage, it only became apparent when I was going over my statement. That said I think he would refuse to attend to give evidence so I may have to apply for a witness order.

 

Thanks

 

Does anyone have anything to add here, in particular in relation to the extension of orders

 

Thanks

[kingofrod]

How you getting on with refusing the request? If I were you, I'd put it all through in writing and give the service a quick call to draw their attention to it. As you previously mentioned, if you send the refusal through and it's not looked at for a while, it might give the respondent time to get together what you're looking for and the Tribunal might just say "well, they have it now, so we'll allow it".

[tbbt1901]

How you getting on with refusing the request? If I were you, I'd put it all through in writing and give the service a quick call to draw their attention to it. As you previously mentioned, if you send the refusal through and it's not looked at for a while, it might give the respondent time to get together what you're looking for and the Tribunal might just say "well, they have it now, so we'll allow it".

 

King no nothing. Sent the resp a mail but no response. I'm really not sure what the ET will say I have no experience of this I need advice

 

The resp has asked for an extension of 30 days for agreeing the bundle. If it's granted I'll argue that disclosure of docs needs to be set 14 days prior to the new bundle date as it was in the original orders???

[kingofrod]

It's weird, mate, all this agreeing to the bundle stuff. That hasn't been done in my case. All that's happened is they've sent me a bundle and said "here it is". Nothing about whether I'm happy with it etc....

[tbbt1901]

All agreed at CMD king.

 

First both parties list docs relied on

Request docs off other parties list

Disclosure of docs

Agree bundle contents

Disclose bundle - resp compile sent to claim

Witness statements exchanged on set date

Edited May 3, 2012 by tbbt1901

[lbruk]

They can request extensions, they again will be annoying and threatening and all the other stuff, just object where you can and have good reasons.