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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74470
Experience:  Qualified Employment Solicitor
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How much is a monthly membership? sorry I don’t know what

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How much is a monthly membership?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: sorry I don’t know what you mean. I haven’t discussed it
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I only want to know the cost of monthly membership
JA: That depends on how many expert areas you want to subscribe to and how many questions a month you want to ask.
Customer: employment around 2 questions per month for the next 3 months

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What is your specific question please?

Customer: replied 1 year ago.
Thanks Ben. Firstly it is a Scottish case. Are you able to answer questions on that

If it is to do with employment then yes I can assist

Customer: replied 1 year ago.
Hi Ben, firstly, this is a case in Edinburgh. Are you still ok to answer?
Customer: replied 1 year ago.
It is. I had a preliminary hearing with an employment judge and my former employers solicitor. Part of the discussion was about a document the respondent had mentioned in their ET3 form which made certain allegations against me. I asked for this to be disclosed and the respondent opposed disclosure. However, the judge ruled that the document must be disclosed as the respondent had relied on it in their CT3, otherwise, why mention it? Subsequently, the judge issued an order for disclosure. I received a copy of the document yesterday and it is almost completely redacted with none of the allegations disclosed. I think this is a key document in supporting my unfair constructive dismissal claim and that non disclosure would prevent me having a fair hearing. How should I now deal with this? Thanks Charlie

What are you ideally hoping to achieve in the circumstances?

Customer: replied 1 year ago.
Ideally an early settlement. They refused this previously through ACAS

How long have you worked for this employer?

Customer: replied 1 year ago.
3 years

Many thanks for your patience. The way to deal with this would still be to try and get the Employment Tribunal to order the full disclosure of the document, without redactions. The case management process is now very much in the tribunal’s hands and they have the power to make whatever orders they feel are necessary.

So you would have to make a further application to the Employment Tribunal to request they order the full disclosure of the document together with your reasons for doing so – ideally explaining the full situation, even if you have already done so, and making it clear how the contents of the document are relevant to the case.

Does this answer your query?

Customer: replied 1 year ago.
Thanks Ben should I write directly to the tribunal and copy in the solicitor?

Yes that is what you usually do – send your application to the Employment Tribunal and a copy to the other side

Customer: replied 1 year ago.
Thanks Ben. I’m waiting on some email correspondence too so I’ll see what they look like before writing

ok thanks

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben, I have now had a response from my previous employer re a subject access request. I should like your advice as to how I should respond. It might be easier if I sent you my request and their response so you could see the actual emails. Do you have an email address I could forward these on to?

There are a few ways to send a photo or file. Please click the upload icon on the reply box in your question.

- A pop-up window will open. Locate the file on your device, click it once, then click Open.

- A link representing your photo or file should now appear below the reply box on your question page. Insert text in the reply box and click the Send button to send your photo or file to me

- To send a photo or file, it must be 5MB or less. If your photo or file is larger than 5MB, please resize it or send it to customer support at***@******.*** (please note this is a central inbox and often it may take at least a couple of days to reach me)

Alternatively, please use a third party file sharing service, such as Dropbox, MediaFire, Google Drive, etc. and share the document links on here

However please be advised that considering documentation will incur extra charges as it is a premium service and I will advise how much once I have seen the documents and required work

Customer: replied 1 year ago.
Thanks Ben will try it tomorrow

No worries

Customer: replied 1 year ago.
P2 of sar request
Customer: replied 1 year ago.
P1 of sar
Customer: replied 1 year ago.
Employers response

Thank you. Correspondence and documents can also be included in an SAR as long as you are personally identifiable from them, although all they have to disclose is the parts relating to you, so anything else which is about others or not about you, they are not obliged to disclose.

Customer: replied 1 year ago.
Thanks Ben, that’s very clear

You are most welcome