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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5070
Experience:  Over 10 years experience in general legal matters
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I have an employment tribunal in just over a week and it has

Resolved Question:

I have an employment tribunal in just over a week and it has come to my attention that I am missing a document that was ordered after a case management discussion and a signing in and out registar for fire. Finally I have noticed that the respondent has not put the audio recordings of the meetings as part of the bundle and their minutes of the meeting are missing relevant evidence to the case.

Is there a way of informing the Tribunal that I would like to use the audio recording and inform them of the missing documentation before the tribunal?

Kind Regards

XXXXX XXXXX
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.
Hello and welcome to Just Answer, have you asked the respondent to include this information?
Customer: replied 1 year ago.

Firstly, Apologies I am acting on my partners behalf (the claimant).


No, I have not asked the respondent, as they will definitely not respond. They have managed to delay the hearing for a whole 6 months due to maternity holidays etc etc and most likely on the 24th June (the first day of a 2 day hearing) they will come up with another excuse to delay again. Even, with a case management order they did not respond until I asked for a strikeout.


I am just concerned that as the Judge will take their minutes as fact (rather than doctored to suit their case and missing vital correspondents), even though they have not been independently. The Audio recordings were eventually sent to me after much pressure. Furthermore, a separate fire registrar book has not been sent under disclosure of evidence. This was only brought to my attention today by my partner.


 


I can write to the respondent and employment tribunal, but have little faith that it will be acted upon, so am a little concerned about how to proceed.


 


Kind Regards


 


XXXXX XXXXX

Expert:  Jenny Mackenzie replied 1 year ago.
Hi there under the employment tribunal rules parties are required to disclose all evidence whether it supports their case or not and it is normally for the parties to agree a bundle if documents in accordance with directions of the tribunal in advance of the hearing.

If there is missing evidence then you should write in the manner you have suggested to ask for the items to be included in the bundle.

It is likely then that the tribunal will order it to be included. Normally if there is An audio recording an agreed transcript would be included.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give positive feedback. Thank you and all the best.
Customer: replied 1 year ago.

That's fine, but what can I precisely write to ensure that the requested items are put into the bundle and what can I do if they do not do as request?


I know there is a massive back log at the employment tribunal and due to courses etc it was taking up to 3 weeks for the Judges to view requests. Therefore, if the Respondent does not respond / put the items in the bundle, then how will I deal with this in the hearing?


 


Kind Regards


 


XXXXX XXXXX

Expert:  Jenny Mackenzie replied 1 year ago.
Hello you should mark for the URGENT ATTENTION of the Tribunal Judge and then pester the clerk to put the letter in front of the judge given the significance and the length of time before hearing. This should help expediate matters.

There is no precise wording for the letter than I can suggest you just need to state that you believe that the respondent has failed to comply with the duty to disclose all documents and list the missing items. If you have copies then you can include them in the letter.

If the matter is not resolved before the hearing, which is unlikely then you can raise it with the Employment Judge as a preliminary matter. Take copies of all correspondence that you have sent to the Tribunal and to the Respondent with you to the hearing.

Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5070
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much I appreciate your help and positive advice.


 


Kind Regards


 


XXXXX XXXXX

Expert:  Jenny Mackenzie replied 1 year ago.
Thank you, XXXXX XXXXX come back to me if you need any further information.

In the meanitme I would be grateful if you would give my answer a positive rating as I am not otherwise credited for my time.

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