Hello, My question relates to an Employment Tribunal Claim. A deposit was ordered for part of my claim which was deemed unlikely to succeed due to insufficient evidence. The reason that there was insufficient evidence was that the ET declined to enforce a Request for an Order for my former employer to supply the evidence I needed, saying it could wait until after the pre-hearing. I took this to mean that my claim could not be dismissed for lack of evidence, only on a point of law. Is it usual to deny an applicant access to the evidence they need to make their case, and then dismiss it for lack of evidence? Secondly, I supplied an abundance of evidence to show that I was not in a position to pay the deposit, but this was ignored. I have now found a reference to payment of a deposit in the ET Rules of Procedure 2004 that states: 20 (2) No order shall be made under this rule unless the chairman has taken reasonable steps to ascertain the ability of the party against whom it is proposed to make the order to comply with such an order, and has taken account of any information so ascertained in determining the amount of the deposit. No effort whatsoever was made by the ET to ascertain whether or not I could pay the deposit, and the evidence I submitted at appeal met with the following statement: 2) I do not regard any of the material which the claimant has referred to or included in her Fresh Notice and Grounds of Appeal as capable of being regarded as Fresh Evidence, as defined by the Court of Appeal in Ladd v Marshall; if it were I would stay the Appeal pursuant to paragraph 1 of the Practice Statement of 212 until any application for review on the grounds of Fresh Evidence had been disposed of but in the circumstances here the material does not warrant that course. This evidence cannot be adduced now; it is too late." I don't understand. If the Employment Tribunal did not do its job in checking whether or not I could pay the deposit, why is it "too late"?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).