Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you first tell me how long ago you filed the claim?
OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.
Thanks for your patience. To answer your questions:
1. You do not need to respond to the response. Any issues that have been raised by the claim and response will be dealt with at the hearing stage through witness evidence and cross examination
2. In a discrimination claim, individuals can be made personally liable for discriminatory behaviour. The cons of leaving them included as individuals is that you may not be able t force an award on them, i.e. they may find it difficult to pay and can declare themselves bankrupt, etc. On the other hand a company is much less likely to just close down as a result of a judgment against them.
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The tribunal will decide whether to keep the other individuals as respondents. If the employer has made an application to remove them then you can provide your own reasons why yo want to keep them. If they are removed as respondents then they may still appear as witnesses which you can cross examine. If they do not appear as witnesses then you may consider calling them up as such by asking the tribunal to issue a witness order but as they will then be appearing as your witnesses you cannot cross examine them but can still ask hem to give evidence for the tribunal to consider
You cannot ask for such an undertaking, I am afraid you do not decide who they use as witnesses in their own case. If no application has been made to remove them then at this stage it is just an informal request so until the tribunal makes a formal decision you will just have to assume that they are proceeding as respondents