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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49821
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones. , I've just been given a mediation hearing

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For Ben Jones. Hi, I've just been given a mediation hearing date for my small claims case, however, the defendants solicitor wants me to send him all documents referred to in my reply to the defence. I have only sent him the employment contract attached to the particulars of claim. However, he has not sent me any evidence in support of his clients defence at this stage, and says that he will not confirm the mediation appointment without the documents. Am I right in thinking that I can send all documents to be relied upon at least 14 days before the actual court hearing and the judge will make directions in this respect.
Thank you for your assistance.
Hello, the usual case is that the judge makes an order for directions and this specifies when disclosure should be made and how it should be done. If you look at the court's own guide on this it states: "The Notice of Allocation also tells both parties what they have to do to prepare for the hearing. These instructions are called ‘directions’. For a small claim the judge will usually give standard directions that each party has to file with the court and serve on the other party copies of all documents that they intend to rely on at the hearing, at least 14 days before the date fixed for the hearing. " So you should wait for these directions before you are obliged to make disclosure of documents. If they want to see them now you could try and agree that but obviously you should ask them to comply with your requests as well and disclose anything you want to see from the documentary evidence. It is the case that you will both see these documents at some point anyway so whether it is done now or later may not necessarily matter. It also raises issues as to whether they will pull out of the mediation because of this - remember that mediation is voluntary sop they cannot be forced to participate and it depends on how important you view this process being. If you are willing to risk not going through it (not necessarily an issue as many don't use mediation) then you could refuse to meet their demands at this stage. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Thank you for the response. Is it okay for me to ask for information prior to mediation which was not referred to in the defence, for example how the company calculates daily rate of holiday pay? Also, the defendant admitted in its defence that it has underpaid payment in lieu but did not make a formal part admission using N8? Form and make payment, they asked for a full and final settlement agreement which I rejected; could they still make the payment before the hearing without my acceptance? I don't want them to do this, as I'm claiming damages for breach of contract as they haven't made the contractual Pilon . Finally, if the defendant owed in fact £200 more holiday pay than I claimed in the particulars of claim, would a judge award a higher figure than originally claimed for at the hearing without prior amendment of particulars of claim?

Thank you for your assistance.

Hello, you have nothing to lose by asking them for any information you want but it does not guarantee they will release it or discuss it with you. They could make payment at any time but you can also reject it, or if it has been made directly in your bank account you can just deduct that from the overall claim value and still proceed with the rest. If you are owed more than claimed then I suggest you contact the court as soon as possible to amend the details because they can just go by what you pout on the initial claim form so try and get that amended if at all possible. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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