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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello I am a claimant in a Disability Discrimination case.

Resolved Question:

Hello

I am a claimant in a Disability Discrimination case. I understand that I need to give evidence personally at the Preliminary Hearing. I need to find out whether I need to exchange the Claimant's evidence statement with the Respondent or should I only give the evidence personally in the Employment Tribunal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Have you been given any directions by the tribunal?

Customer:

Yes

Customer:

Section B5 says The parties shall prepare a written statement for each witness (including the claimant or respondent who will give evidence personally) who it is intended will be called to give evidence on their behalf at the Tribunal hearing

Customer:

I am not sure if this is the direction for the same

Customer:

Hi Ben are you there

Ben Jones :

yes

Customer:

Such witness statements shall: 5.1 be typed double spacing etc etc

Customer:

to the intent that such statements shall be read out by the respective witnesses at the Tribunal hearing. Each party shall ensure six copies...

Customer:

I do not have any witness or witness statement and I am self representing myself in the case

Customer:

the order also says the simultaneous exchange of witness statements should happen within today

Customer:

Ben...please can you clarify

Customer:

I am finished with writing

Ben Jones :

It is not a formal requirement to exchange witness statements with the other party in preparation for a preliminary hearing. This is done formally before the final heating but if the tribunal wanted this done for the preliminary hearing them they would have directed you to do so. Another option is that you and the other side have agreed directions as to how to prepare and you could have agreed to exchange but again, it is for you to decide and it is not a formal requirement. However, if you have been told to prepare a written statement then you should do so even if you only plan to give verbal evidence at the hearing – whatever you wish to say should be included in the written statement because you will yourself be a witness.

Customer:

Ben

Customer:

I have already prepared my evidence statement and please can you clarify do I need to exchange with the Respondent to enable them to cross-examine

Ben Jones :

Officially - no, you do not, unless instructed by the tribunal or agreed with the respondent. Of course you may wish to clarify this with the just to ensure you are both in agreement

Customer:

me at the preliminary hearing

Customer:

Ben there were couple of points that concerns the Tribunal..which are My Contract worker status and the failure to make reasonable adjustments. I have already sent the further particulars document on failure to make reasonable adjustments to the Tribunal.and I have prepared the Evidence statement for to satisfy my Contract worker status by taking in relevant points

Customer:

The query is do I need to exchange my evidence statement with the Respondent and The respondent should not come in on the day of preliminary hearing and say they have not received the statement as what I would be taking to enable them cross examine me

Customer:

As I could understand the tribunal order is so generic and I am trying to understand this part which is: (including the claimant or respondent who will give evidence personally)

Customer:

(including the claimant or respondent who will give evidence personally)

Customer:

I will be giving evidence and do I need to exchange this with the Respondent prior to the hearing

Customer:

Am I claer

Customer:

Am I clear

Ben Jones :

yes, but the fact you need t give evidence in person does not mean that you need to exchange statements - there is no formal requirement to do so at preliminary hearings and as mentioned this is only really something that happens if instructed by the tribunal (which has not happened) or agreed with the other party. Hence, why it is best to contact them to clarify what they expect of you and how you both agree to proceed on this point

Customer:

Finally

Customer:

I just want to find out how should I invite/bring newspapers to the Public preliminary hearing

Customer:

should I send from my personal email or from other email

Ben Jones :

you may do as you wish, this is not really a legal issue, rather a personal one

Customer:

ok anyway thanks very much and would come back if required later...

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45377
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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