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bundle is due on 1st May
hearing on 22nd May
evidence exchange 17th April
I should add that failure to follow due process in the course of my
dismissal is a major part of the case
ok thank you will respond ASAP
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.
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
I have accepted an out of court settlement negotiated through
ACAS, so the matter is dealt with.
Thank you for your help