Yes, sorry I did not make this clear.
I worked for a law firm, I gave my 6 weeks notice and after giving my notice (this is not disputed by the Respondent) I was told that I was being dismissed for gross misconduct for not organising an event properly. This accusation is disputed andI have evidence showing the event was organised. I understand that this wouldnt be a reason anyway for gross misconduct. Since then the Respondent has given many reasons for the gross misconduct, all of which are disputed and I have evidence to support this. The Respondent tried to strike out my claim stating that I had no intention to work my notice even though I arrived for work. They were referring to the wording in my resignation letter, but the judge said it was clear from the wording and because I arrived for work that I intended to work my notice.
So the WS were supposed to be in today for ahearing a week today and they have promised them Monday?
What has this cost you finacncially?
Yes thats correct. There has been no financial cost, however I thought I could capitalise on the fact that this is the 3rd deadline they have failed to comply with under the order along with not providing me with the bundle and not providing me with the documents I requested under the inspection of documents section of the order. I understand that if an order is not complied with the claim can be struck out. Obviously I dont want to strike out the claim as its my claim but is there an order I can apply for to help my claim. The fact that they havent provided me with the emails I requested affects my evidence.
I would probably stay quiet as this is prejudicing yourcase you can raise it with the judge on the day and ask for adjournment and costsat £18 per hour for all wasted time.
Alternatively, you can apply to court for an "unlessorder", unless they let you have these docs by X date, their defence is struckout and judgement awarded in favour of the claimant.
You need to attach certificate of urgency (letter) explainingthe urgency and curcumstances and consistent failure and draft order along withthe application. It will then be before a judge usually within a day
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