Employment Tribunal - Litigant in person

[Clayton7]

Good afternoon,

 

I am approaching the (new) date of my ET, the first date was cancelled just before the hearing due to the lack of a judge.

 

However 3 day's before the cancelled hearing the respondent's solicitor added documents to the bundle, until then I was not aware of their existence or been provided with copies of them. This I have no doubt was an attempt to mislead the court and disadvantage me, as the documents were dated 2011 and were available to be included in the Bundle at it's inception last year.

 

I believe he (the solicitor) is behaving in a way that appears to contravene the ET regulations by both not providing me with copies within a reasonable time and including documents in the bundle less than 7 days before hearing.

 

Reading some of the info on this site, that is not uncommon .... I am obviously very naïve and certainly disappointed with his professional conduct but would like any advice on what I can 'sensibly' do about it and more importantly prevent it from happening again.

 

I sadly do not think the ET are concerned about failure to comply with Orders, as the Respondent has failed to adhere to most deadlines without providing reason.

 

Does anyone have any experience of what to do with solicitors who blatantly disregard judiciary orders? I'm sure it breaches their Code of Conduct etc.

 

I have never attended an Employment Tribunal before and am unable to fund legal advice or representation which is why I am acting as Litigant in Person, I hope the Judge will be tolerant of this too.

 

Thank you for any advice you can offer, it will be gratefully received.

[steampowered]

If it genuinely puts you at a disadvantage, and the documents are genuinely important, and this late disclosure was a breach of ET orders ... then you can ask the judge not to allow the new documents to be added to the bundle and inform the Respondent that this is the position you intend to take at the hearing.

 

Personally I take the view that this kind of thing is usually not worth fighting. You need to focus all your energy on the merits of your case.

[Clayton7]

Dear Steampowered,

 

Thank you very much for replying, the documents concerned do not put me at a disadvantage albeit the other party were unaware of this and believed at that stage they would.

 

My concern is that the rules of conduct and orders provided are being flagrantly disregarded by the respondents solicitor and it appears that the practice is acceptable.

 

Is there anything I can do to compel the respondents or their legal team to simply stick to ET regulations?

 

My intension is for a fair hearing where both parties evidence can be presented and judged upon merit.

 

Does anyone have experience of this please? Thank you

[Emmzzi]

what is important is the truth f the case, not the stupid gameplaying lawyers do to rattle you (which seem to be working)

 

If you can get your head round that you'll do ok

[becky2585]

Dear Steampowered,

 

Thank you very much for replying, the documents concerned do not put me at a disadvantage albeit the other party were unaware of this and believed at that stage they would.

 

My concern is that the rules of conduct and orders provided are being flagrantly disregarded by the respondents solicitor and it appears that the practice is acceptable.

 

Is there anything I can do to compel the respondents or their legal team to simply stick to ET regulations?

 

My intension is for a fair hearing where both parties evidence can be presented and judged upon merit.

 

Does anyone have experience of this please? Thank you

 

Unfortunately this is commonplace on both sides - I recently had a respondent granted five extensions by the tribunal for exchanging witness statements and there was no penalty.

 

It's frustrating, but don't sweat the small stuff. They have an ongoing obligation of disclosure so they could even turn up with documents on the day, meaning the judge will just allow you time to consider them. I saw recently when I was in the Respondents waiting room a case where the claimant had turned up with covert CCTV surveillance and the judge still allowed it after a short adjournment to let the respondent watch it - their solicitor was not happy!

 

Concentrate on the facts and ignore the game playing.

[Clayton7]

Dear Emmzzi,

 

Is it that obvious.......... they are really making me angry, which may not be helping!

 

If my staff had failed to comply with their professional code I would have dealt with it swiftly and succinctly, is there really any viable excuse?

[Emmzzi]

my top advice is camomile tea by the bucket

[Clayton7]

Dear Becky2585,

 

Thanks for your message, not what I wanted too hear but realising it's just the way.

 

Can I ask another question of you (or anyone) ..... can the witnesses withdraw or change either their statements or documentary evidence after it has been exchanged or added to the bundle & if they can, can I then use those documents/statements in evidence.

 

Thanks again