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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I filed a claim in Employment Tribunal and the Respondent

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I filed a claim in Employment Tribunal and the Respondent recently replied. The claim is concerned with breach of contract, discrimination and harassment. There are two questions - 1) Do I need to respond to the response where I do not agree to what has been said or should wait till the time witness statement needs to be filed ? 2) I included some of the managers as other respondents in the claim and the company (main respondent) informed they were working under its directions and therefore, claim against the other respondents needs to be dismissed. What are the pros and cons ?

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Please can you first tell me how long ago you filed the claim?

Customer: replied 1 year ago.
It was filed and was accepted in July 2016.
Customer: replied 1 year ago.
The other respondents did not reply to the claim instead the main respondent wrote to the tribunal requesting the others are dismissed as respondents and that they acted on behalf of the main respondent (company).

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Thanks for your patience. To answer your questions:

1. You do not need to respond to the response. Any issues that have been raised by the claim and response will be dealt with at the hearing stage through witness evidence and cross examination

2. In a discrimination claim, individuals can be made personally liable for discriminatory behaviour. The cons of leaving them included as individuals is that you may not be able t force an award on them, i.e. they may find it difficult to pay and can declare themselves bankrupt, etc. On the other hand a company is much less likely to just close down as a result of a judgment against them.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

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Customer: replied 1 year ago.
Do I need to protect my interests ? I want to ensure I cross examine those other respondents and the reason I think the main respondent is trying to get rid of the others is to avoid hampering its case. What can I do ?

The tribunal will decide whether to keep the other individuals as respondents. If the employer has made an application to remove them then you can provide your own reasons why yo want to keep them. If they are removed as respondents then they may still appear as witnesses which you can cross examine. If they do not appear as witnesses then you may consider calling them up as such by asking the tribunal to issue a witness order but as they will then be appearing as your witnesses you cannot cross examine them but can still ask hem to give evidence for the tribunal to consider

Customer: replied 1 year ago.
There is no application to remove them but just a letter to the Tribunal. Can I ask the main respondent to give an undertaking that they will be called as witnesses if not object to their removal ?

You cannot ask for such an undertaking, I am afraid you do not decide who they use as witnesses in their own case. If no application has been made to remove them then at this stage it is just an informal request so until the tribunal makes a formal decision you will just have to assume that they are proceeding as respondents