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NewExpertAS4920
NewExpertAS4920, Solicitor
Category: Employment Law
Satisfied Customers: 372
Experience:  -Experience in Litigation, Property, Family and Employment Law matters
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I need help with my employment tribunal case, No, I was

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I need help with my employment tribunal case
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was unfairly dismissed from work and discriminated because of my age. Currently I am unemployed
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Customer: replied 1 month ago.
The respondent and i have exchanged witness statement s. However the 6 witness statement sent by the Respondent are all not signed or dated. Can I ask the employment tribunal to strike out the respondent case
Customer: replied 1 month ago.
If the Respondent does not sign the witness statements for employment Tribunal in England can the respondent still represent himself at the hearing.
Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there may be delays in responding due to assisting other customers.
At what stage is your tribunal case?
Customer: replied 1 month ago.
The hearing is on 20th and 21st May. The agreed bundle and the witness statements have been exchanged.
Customer: replied 1 month ago.
The 6 witness statement sent by the Respondent are not signed or dated.
Can i ask the employment tribunal to strike out the respondent case and how to make an application to strike out the case.
Unfortunately no. Although it is good practice to have the witness statements signed and dated. But the employment tribunal rules do not require witness statements to be signed
However you can query the respondent why they have not signed their statemenr
Customer: replied 1 month ago.
But if they dont sign the statements the statement of Truth has no effect
Customer: replied 1 month ago.
Can the respondent still come to hearing and give evidence without a signed statement
As stated above, whilst it is good practice to sign a statement. There is no requirement in the employment tribunal rules for it to be signed with a statement of truth
the respondent can attend the hearing. If you want you can bring it to the judge's attention that the statement of not signed however this may not add anything
Customer: replied 1 month ago.
Ok thank you for your advice
My pleasure. Good luck.
Customer: replied 1 month ago.
Just another concern, can the respondent rely on his statement as evidence. He says he did not ask the security guard for a false statement but I have wattsup chat with the security guard to confirm the respondent did ask for the false statement.
If you can prove that the statement is not truthful then the judge is likely to disallow the statement(s). This will discredit their position and may even strike out their defence.
Customer: replied 1 month ago.
Thank you. Is the wattsup chat good evidence . I also have video of a supervisor who is making a prank video in a shop and this supervisor has given a statement saying i use my mobile whilst he himself is making prank videos. The respondent has said no one has permission to use the mobile in shop but I have proof that at least 16 employees are using their mobile phones so the respondent did not investigate my appeal hearing fully.
Its unfortunate that I am unemployed otherwise I would had appointed a solicitor as the allegations made against me are all lies and I have evidence.
WhatsApp can indeed be used as evidence.
Video evidence may also be admissible if it was taken with their authority.
Your witness statements should set out exactly what has happened.
I believe I have answered all your queries today. Best wishes
Customer: replied 1 month ago.
I am happy with the answer. Thank you.
My pleasure
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