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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We need to make an application to the tribunal to add an additional

Resolved Question:

We need to make an application to the tribunal to add an additional witness statement in after the mutual exchange of statements has taken place.
This came about as a result of a witness coming forward and being prepared to make a statement.
The statement was prepared within 24 hours of the exchange and sent immediately to the other side.
We know we should make an application to the tribunal to allow this statement be admitted but is there any specific wording we should use or any particular rule that this comes under as we have had a look ourselves and cannot find any reference as to what to do when this situation crops up.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Has the other side objected to the inclusion of this statement?

Customer:

Well they have no objected per se they have simply said you need to make an order to which we said not if you agree to its inclusion and they just came back and said you need to make an order!

taratill :

well they are being a bit pedantic as if they agree to the inclusion then there would be no need for you to request and order. Nevertheless you can obviously write to the Employment Judge noting the claim number to explain that you would like the statement to be included. You should say that in accordance with the Tribunal's Overriding Objective as set out in Rule 2 of the Employment Tribunals Rules of Procedure, you ask for them to allow this statement out of time. You should say why it is out of time and why it is crucial to your case that the evidence be admitted.

taratill :

The Employment Judge will then write to the other side for their comments before deciding whether to order for the inclusion or not.

taratill :

If you have any further questions about this please do ask.

taratill :

Hi is there anything else you would like to know?

Customer:

No that's great thanks for confirming - we thought we were missing something.

Customer:

Kind Regards

Customer:

Corri

taratill :

No problem, do remember to rate my answer and come back to me if there is anything further you would like help with. Good luck with the case.

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