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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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I exchanged witness statements - for an employment tribunal

Resolved Question:

I exchanged witness statements - for an employment tribunal hearing for a constructive dismissive / discrimination claim with the respondent around a year ago. After which, the hearing was rescheduled and will be taking place in a few weeks time. In the last paragraph of the statement, I explain how I have worked out the Schedule of Loss. As expected, the figures for this have changed since submission of the witness statement to the respondent. Please would you advice how I should note this change? There are other small changes in circumstances which could be made to the statement, but I would not say that they are significant.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
There is nothing to stop you doing one of two things:
1. If you are happy enough with the statement other than the Schedule of Loss then you can lodge and intimate an updated Schedule of Loss.
2. You could submit a revised statement with all the changes you wish to make.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

I thought that it was not possible to change the statement after exchange date as set by the tribunal? Also, I do not want to give the respondent a reason to also change their statements.

Expert:  JGM replied 2 years ago.
If, because of the passage of time, which is about a year, circumstances have changed, including the quantification of loss, then of course you must record this in the proceedings and it would be very unlikely that a Tribunal would not allow this into the proceedings.
Customer: replied 2 years ago.

So, would you advice changing the last paragraph and would this mean that the respondent would also feel free to change their own statements (I would not be happy about this)? The respondent did later agree to allow a separate mitigation statement to explain loss of earnings also which can be altered up to the hearing date. Is it worth deleting the whole last chapter and stating 'please refer to mitigation statement'?

Expert:  JGM replied 2 years ago.
If you change the mitigation statement only that would avoid the respondent being able to change their statement other than to comment on the changes to the figures.
Customer: replied 2 years ago.

Sorry to keep asking, but I want to be absolutely clear on this. If I delete the last paragraph of the witness statement which relates to mitigation, would this give the Respondent the right to change their own witness statements?

Expert:  JGM replied 2 years ago.
Only insofar as relevant to your change or as allowed by the Tribunal judge. My original suggestion is probably your best course of action. Leave the statement as it is and lodge an updated Schedule of Loss.
Customer: replied 2 years ago.

Thanks. I was thinking that myself - I just needed an expert opinion to confirm. I can explain any changes to the Schedule of Loss in my mitigation statement anyway.

Sorry - forgot to ask:

Should I be concerned that the statements submitted by the respondent when we exchanged via email were not signed or dated? The reason given by the respondent's solicitor was that they did not have time to do this by the given exchange date.

Expert:  JGM replied 2 years ago.
No, it is customers to do so but it is the content that is relevant. They can be signed and dated at any time. This is not something that would cause me any great concern.
JGM, Solicitor
Category: Law
Satisfied Customers: 10649
Experience: 30 years as a practising solicitor.
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