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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello I am the claimant in an industrial tribunal case to

Customer Question

Hello
I am the claimant in an industrial tribunal case to be held in late May
Case Manage Orders were for the exchange of evidence last week.
The respondent has not provided his evidence, but following an email
from me asking for at least an explanation, appears to have taken legal
representation for the first time.
I have been asked by his lawyer to consent to receipt of his evidence by
Monday (then 12 days late) with a view to producing the evidence bundle
according to the timescale of the CMO on Thursday
I know for a fact that the respondent is intending to use evidence acquired
after the deadline for submission.
How should I respond ?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When is the bundle due to be completed and when is the hearing scheduled for? Please note I am in tribunal myself today so there may be a slight delay in responding, thanks
Customer:

HiBen

Customer:

Hi Ben

Customer:

bundle is due on 1st May

Customer:

hearing on 22nd May

Customer:

evidence exchange 17th April

Ben Jones :

ok thanks

Customer:

I should add that failure to follow due process in the course of my

Customer:

dismissal is a major part of the case

Ben Jones :

ok thank you will respond ASAP

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues yesterday. All seems to be resolved now so I can continue with my advice.


 


It is not uncommon for parties to a tribunal case to not follow tribunal’s instructions and dates of compliance to the letter. I have dealt with many cases where there have been numerous delays in exchanging documents, statements, bundles, etc – it happens all the time. The dates for compliance are not strictly enforced and are there to serve as a basic schedule for the claim management and to assist the parties in the process.


 


You will hardly ever see a claim or defence being struck out because a party has failed to meet a specific deadline, especially early on in the process such as the exchange of documents or witness statements.


 


So whilst you can ask the employer to prevent the late disclosure of evidence by the other party, hat is unlikely to be ordered because it is in the interests of justice to allow them to disclose the relevant evidence, even if it is late. Also both parties have a duty to disclose all evidence that is relevant to the case, whether it was obtained before or after the deadline set for disclosure. I have seen documents being produced on the date of the final hearing because they have come to light at such a late stage, but the duty to disclose evidence is on-going and lasts all the way until the end of the process, so it is not limited to documents found by the deadline.


 


I would suggest you agree to the late disclosure but ask for reasons for the delay and specify a set date by which the disclosure will take place, making it clear that further delays will be challenged directly with the tribunal.


 

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello Toby, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you
Customer: replied 3 years ago.

Hello Ben


I have accepted an out of court settlement negotiated through


ACAS, so the matter is dealt with.


Thank you for your help

Expert:  Ben Jones replied 3 years ago.
Thanks for letting me know, all the best