Witness Statement and Bundle of Documents.

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Z

Zeeshah

Free Member
Mar 24, 2019
2
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  • #1
    Dear all

    I worked for an employer for around 5 years, when I was dismissed. I believed it as an unfair dismissal.
    I followed all the employment guidelines to follow the appeal procedure, then ACAS etc.
    I took the case to the Tribunal and followed the case myself.
    Preliminary hearing is already done.
    After that, I sent the Bundle of Documents to the respondent and the tribunal as the Tribunal Directive.

    Few Questions Please.
    1. Respondent did not send the Bundle of the Documents even after the deadline set by Tribunal.
    They seem very careless to me.
    Does it matter or not?
    Is it a must or Not?
    What's the importance of the Bundle of the Documents?
    Any impact of this on the Case?

    2. Now it is Claimant's turn to send the witness statement.
    I don't have any solicitor.
    I am thinking to write all the events in the sequence as they happened during my hearing and dismissal, also make few points about Respondent allegations against me etc. Is that OK?
    Any other thing to add?
    Any advice please.

    Thanks in advance.
     
    Newchodge

    Newchodge

    Moderator
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    Nov 8, 2012
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  • #2
    Failing to exchange documents is poor practice and you should notify the tribunal now about their failure.

    Your witness statement should set out, in clear paragraphs, exactly what you are complaining about. The tribunal needs to be able to read your statement and understand what happened and why you think it should not have done. PLEASE number the paragraphs.

    When it comes to the time for statement exchange, I suggest you email them the day before and say I propose we exchange by email at 4pm tomorrow, do you agree. If they don't respond, don't send your statement to them, instead email the tribunal, stating that, as they have not complied with the bundle order you tried to agree simultaneous exchange of statements but they will not co-operate, so you have not sent yours, but attach it for the tribunal. Send a copy of the email without your statement to the employer. There is a huge advantage in seeing the other side's statements before writing your own! Do not give them that advantage.
     
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    Z

    Zeeshah

    Free Member
    Mar 24, 2019
    2
    0
  • #3
    Thank you.
    But according to Tribunal directive there were set dates for all the events. It was set out in Preliminary Hearing.
    1. 15 Feb., Claimant bundle should reach the Respondent and Tribunal.
    2. 8 March, Respondent Bundle should reach the Claimant etc. That never happened.
    3. April, Claimant,s Witness Statement should be provided.
    4. Respondent’s Witness Statement needs to be provided.

    I am trying to follow the Tribunal Directive.
    Let’s see, how it goes.

    Thanks for advice on the witness statement.
     
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