u/According-Regret6429

Let’s say with this example:

I was invited to a meeting (see pg x for meeting invite), and agreed to attend (see pg x for my acceptance of calendar invite). At the meeting we discussed a, b, c, d (see pg x for my meeting notes and the meeting minutes the respondent sent to me).

Is this too much referencing? Also do you need to provide a summary of the minutes or can you just say “the minutes can be found at pg x and my notes can be found at page x) without providing a summary?

I’m trying to get the balance right of how much detail my witness statement goes into so any pointers appreciated. My statement covers a lengthy time period and number of claims.

Does it mean you’re more disadvantaged compared to other people, or does it mean a specific disadvantage which is related to your disability?

Trying to get my head around indirect discrimination. Wondering if there can be a PCP where staff are bullied, and if I have a communication issue, can I argue that puts me at a particular disadvantage compared to other staff (who might be able to stand up for themselves more easily)?

How does one determine what is a “particular disadvantage”?

When I set out to raise a claim at the Employment Tribunal, I knew it would be stressful but one good thing I thought was that at least the Tribunal has formal rules and deadlines which are written down which would make things manageable. Boy, was I wrong!

Here are some unfriendly ND features based on my experience so far. Anyone got anything else to add to the list?

- the Tribunal has its own set of social rules and social expectations. You are meant to just ‘know’ what is relevant, ‘know’ what you are allowed to challenge your opponent on, ‘know’ what is the right amount of detail in a ‘Particulars of Claim’ (whatever that is), etc. if you get it wrong, your (legally represented) opponent who does know the social rules has an opportunity to chastise you and you look like an idiot.

- rules do not literally mean what they say. That CMO which says you must disclose “all relevant documents” by x date? What it actually means is, you should disclose something but if you don’t feel like disclosing a critical document, that’s totally ok and if my opponent has a problem with it, they will have to waste their time/money and get their mind-reading goggles on and guess what their opponent might be hiding to make a specific disclosure request etc etc. those who exert all their energy in trying to comply with near-impossible deadlines at great sacrifice to other things in life, are actually disadvantaging themselves. Put your feet up and go on holiday instead!

- “disability” and “ill health” seem to mean different things when the Tribunal makes a judgement about whether your employer has provided a reasonable adjustment, VS deciding whether you’re submitted your ET1 on time. Concepts such as “meltdowns”, “overwhelm” etc are entirely relevant for the former but seem alien for the latter and unless you’re in a coma and physically not able to write an email, then as far as the Tribunal was concerned, it was “reasonably practicable” for you to submit your claim on time.

- deadlines for orders have little meaning and if there are any queries on clarity or one party refuses to meet the deadline, you are just meant to deal with the situation, until the time the Tribunal comes to provide (retrospective) guidance and direction, however long that may be. Eg if the Respondent does not disclose an important document (or make any disclosure at all), you still have to continue writing your witness statement.

- deadlines can be extended very, very close to the Final Hearing and when you do get the direction to comply with a revised deadline, you’re meant to drop whatever you’re doing in life to comply with very short deadlines. Likewise, if you’re the receiver, you’re meant to read and digest at lightning speed. I’ve seen cases where witness statements aren’t exchanged until a week before which is absolutely fricking insane.

- There is virtually no case or behaviour management anymore. your opponent can swear at you. Call you an idiot. Or do nothing at all and miss every single deadline. And you just have to wait months and months for the Tribunal to respond. All that time you’ve spent researching Da Rules and concepts such as “unless orders” and “strike out applications” was totally redundant and you’ll be flushing money/time down the toilet in applying your knowledge. I’ve been waiting 6+ months for the Tribunal to deal with my applications, by which time I’ll have my final hearing.

Source: I’m at London Central.

My claim is based on lengthy chronology of events and I’ve seen some tips online that a witness statement can be structured around the list of issue headings. I wasn’t sure if that means I should leave the headings for everyone to see or is this tip for drafting purposes only so should be removed once finalised?

Also, where a Respondent concedes an issue eg a protected act, should this be referenced in the witness statement or do you place it in the submissions?

Every now and then, there will be a ET case where a party is suspected of deliberately destroying or concealing or tampering with key evidence. Or a witness has been intimidated in some way. From what I gather, perverting the course of justice applies to the civil and criminal courts so why isn’t it dealt with more often at the Employment Tribunal?

There’s a critical document which underlines my claim and is referred to in many places and heck I’ve seen parts of it, so I know it exists and (presumably, via common sense) the R’s solicitor knows exist, but yet their client won’t disclose it. The best the R’s solicitor can tell me is that “my client has advised me that they have disclosed all relevant documents”.

Are they allowed to keep repeating this mantra? They repeated it in response to my specific disclosure application to the Tribunal too (which they full well know will not see the light of day for months, if ever, before the FH).

I’ve been chasing for months and the R’s solicitor has now told me they’re not going to engage in further discussion over it and I have to wait for the Tribunal to decide on my application and they will disclose any documents as and when they are found.

I’m at the stage of writing my witness statement and I don’t feel comfortable doing this without this document.