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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am due to attend an employment tribunal in April 2014..I

Resolved Question:

I am due to attend an employment tribunal in April 2014..I have recently received the respondents witness statements and I am most upset at my previous line managers statement in particular. In her statement she refers to my pregnancy (terminated) despite it having no relevance to my case and the reference leading nowhere other than to inform the tribunal that I was pregnant. I informed my manager of my pregnancy in confidence, although I knew this would go on my record the only people who had access to this information would be my manager and any future manager. I feel she has done this maliciously given she is aware my family will be at the tribunal and she is aware I did not inform them of my pregnancy given they are staunch christians. I am now unable to see how I can attend the tribunal in the knowledge that she has made this information public and in the fear that my family will now discover this truth.. My question is .. is it possible to have her comment removed from the statement and am I not protected under the data protection act.. if of course this information was relevant and led to further evidence then I understand I would have no choice however her revelation leads no where and is matter of factly placed at the end of a sentence..'she was then absent for 2 days pregnancy related'
Submitted: 2 years ago.
Category: 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 :

What is the claim for?

Customer:

unfair dismissal and disability discrimination

Ben Jones :

when was the claim made?

Customer:

I was dismissed in June 2012 and applied immediately to the ET however the respondents (DWP) have postponed 4 times..on one occasion I was asked by the tribunal to respond to questions with regard to what type of reasonable adjustments did I think the respondents should have offered. I replied in detail of various roles I could have undertaken none of which were roles they would have to 'create' for me..despite requesting these adjustments at the time of employment my employers never responded with anything but NO.. it was only upon my submission of further particulars requested by the tribunal that they then responded in full retrospectively the reasons why I couldn't do any of the adjustments I had put forward. The respondents aware of my condition offered me reasonable adjustments that offered no amelioration.

Ben Jones :

Ok well in claims that were issued after 6 April 2012, witness statements are taken as ‘read’, which means the person giving the evidence does not have to stand up in front of the tribunal and read it out. Instead, the Judge reads it in his/her own time and when it comes to the hearing, it is assumed (s)he has read them and those attending the tribunal may not even know of what is in them.


 


If you wish to make a formal request to the tribunal about the inclusion of this evidence you could write to them, pointing out the nature of the comment and your reasons for objecting to it. The tribunal then has certain powers under its own rules (specifically Rule 50, below) to restrict the inclusion of certain evidence:


 


http://www.legislation.gov.uk/uksi/2013/1237/schedule/1/paragraph/50/made


 


Under data protection legislation, there is an exemption for including data that would usually be protected, if it is required for legal proceedings, but again you can challenge the relevance of its inclusion and use this as a further argument when writing to the tribunal with your request.

Customer:

Thank you Ben very much appreciated

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
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