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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73475
Experience:  Qualified Solicitor
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My 1 day unfair dismissal tribunal went over the 1 day

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Hi, my 1 day unfair dismissal tribunal went over the 1 day allocation and will reconvene next month. I'm currently on the witness stand and the respondents solicitor is adding documents to the case bundle. Is this allowed?
JA: Was the forced resignation discussed with a manager or HR? Or with a lawyer?
Customer: I was made redundant
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am now employed at a different company
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 that should be fine thank you
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.

What documents are they adding?

Customer: replied 13 days ago.
During the trial, I advised some costs On a course .. basically they tried to make out this course was like a degree but it isn't. They have shown their cost for the half day course by way of quotation
Customer: replied 13 days ago.
All through the tribunal process the respondents has added documents after the dates orders of the court. The judge told me I wasn't allowed to talk to my representative as I am on the stand. Their solicitor will add more documents I am sure

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Both partied to a claim have an obligation to disclose any documents and evidence in their possession, which is relevant to the claim, whether it supports their case or is detrimental to it. This is an ongoing duty, although it must initially be completed by the set date as stated by the Employment Tribunal. After the date for exchange of documents has passed and the bundle has been completed, documents should only be added with the permission of the Employment Tribunal. As the duty to disclose documents is ongoing, the other side will have a duty to disclose these even after the bundle, however their inclusion should only happen with the Employment Tribunal’s consent and if you wish to challenge this inclusion you should express your objections to the Employment Tribunal, copying in the other side.

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 13 days ago.
Hi Ben,
I understand thankyou. I have further documents that can prove they have lied/mislead the judge. Should i send these documents to the respondents solicitor to add to the bundle so they are aware and then on the day of the tribunal should i email the judge telling him what has happened and pages 1 -10 for example have been added with an explanation? I dont want to annoy the judge by over complicating things but you see the respondents have been very crafty and i need to make sure my evidence gets heard.
Customer: replied 13 days ago.
Also, as advised previously i am currently on the witness stand and the trial will reconvene in a few weeks. Can i enter a skeleton argument? The respondent entered a skeleton argument 45 minutes before the trial started and the judge allowed it. i didnt see the email as I was preparing for trial and only saw in my inbox that evening.

I would not leave any of this until the hearing - do it now so that it can potentially be resolved in good time, rather than precious time at the hearing being eaten up by administrative wranglings.

You can try and submit a skeleton argument if needed, but as with the reposndent, you would need the ET's permission

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