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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70225
Experience:  Qualified Solicitor
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I have a case with Employment Tribunal Court. The employer's

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Hi, I have a case with Employment Tribunal Court. The employer's solicitor has not provided many important and relevant documents. Moreover, I have realized that some of documents that they have provided are not reliable and have been manipulated as there are some contradictions in their documents and assertions. I want to know 1)how can I raise a complaint regards ***** ***** and do complain against the solicitor?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: what manager or HR do you mean?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I have been dismissed as my case is a disability discrimination and unfair dismissal case. I am not a union member.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes, I have more questions. do I need to ask now or later?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Do you mean you want to make a complaint about their professional conduct? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 5 days ago.
2) I want to know can I ask the court to provide an inspector to inspect the original documents on employer's system?
Customer: replied 5 days ago.
it is about the employer's solicitor who is an employee of the organisation. Also the solicitor has put lots of pressure on me through this long procedure within 8 months and she is misusing their position and the fact that I do not have a legal representative.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. You will not get a tribunal-appointed inspector to examine the documents as you suggest. That is not something the Employment Tribunal can do. They can agree for you and the employer to appoint an independent professional, like an IT specialist, to do this but you would have to agree on ho pays for that between yourselves and also it is not guaranteed at all that the Employment Tribunal will find it necessary to order that. All you can do is ask and you have nothing to lose by doing so.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 5 days ago.
I appreciate you, but what about the first part of my query that, can I raise a complaint against the solicitor to tribunal? Or how can I raise a complaint against the solicitor for providing manipulated or insufficient documents? Moreover, about your answer, when and how should I ask tribunal regards ***** ***** professional inspector?

You can indeed raise your concerns about the solicitor with the Employment Tribunal and this is simply done via letter or email. You can also consider reporting them to the Solicitors Regulatory Authority:

https://www.sra.org.uk/consumers/problems/report-solicitor

As to the request for an inspector this can also be done in writing at any point, but separate to the complaint about the solicitor.

I trust this has addressed the last queries you had.

Customer: replied 5 days ago.
Just there was a question that If I receive genuine documents after final hearing and find out that all or some parts of the court outcome would change based on new evidence and the employer’s solicitor has been responsible for deliberately not providing them and hiding them; can I again ask tribunal or any other court for reconsideration?

Yes, you can consider asking for a review or a formal appeal

Customer: replied 5 days ago.
Is it within the employment tribunal? And is there any time limit?

the review is, the appeal is with the Employment Appeal Tribunal and the latter should be done within 42 days of the tribunal judgment

Customer: replied 5 days ago.
Does it mean if I receive some documents later than 42 days of tribunal judgment, I’m not able to appeal even if the employer provides those documents to me too late?

It is still possible to appeal after that with the permission of the EAT and they will look at why you did not appeal within the deadline so that is when you argue your case that you could not have known before the time limit

Customer: replied 4 days ago.
there is a contradiction between what the solicitor Has said in their respond and the documents they included in bundle which I strongly believe they have included manipulated documents; is this a good evidence to raise a complaint against her?

well this is just an assumption at this stage, you have no evidence so be careful how far you go with accusing her if you are only working on an assumption

Customer: replied 4 days ago.
Also she has not provided some important documents that I requested from her and I have asked her several times to provide them but she just playing with words or sending irrelevant ones or saying that there is no record of them, also about the previous point it is exactly about one of the dates that we are arguing about. On that specific date I have been on work and she has admitted in her respond but in the table that she has included in bundle as an evidence, I have not worked on that date, so it is not an assumption. Are these now reliable evidences?

No, it is not definitive proof. I have seen plenty of times examples of documents being missed. If that is the case you make a request with the tribunal for a specific documents disclosure and deal with it that way, you do not go and accuse someone of deliberately trying to conceal documents for example

Customer: replied 4 days ago.
Thanks for your help

You are most welcome and all the best

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