ET Help!! What would you do?

[NamechangedforET]

I have made a claim against my employer. The case is due to be heard mid July. We were meant to be exchanging witness statements on 20 June. Their solicitors have just been in touch to say they would like to change the date for exchanging witness statements as there are more documents they want to disclose (earliest they say they can do that is beginning of next week) and then producing another bundle will take them another week. I will also need to amend my witness statement to reflect anything that may come up in their new documents.

They have suggested a new date for exchange of witness statements : 1 July.

I want to be helpful but to be honest I am a bit frustrated by all of this. They have had months to disclose these documents. They are likely to produce a lot of witness statements whereas I will be producing two. I am a litigant in person they have a huge legal team. If I agree to their proposal I will be giving myself hardly any time to consider all of their statements and prepare questions etc. I also have to work whereas it’s their day job (so most of my work on it has to be done at the weekend /during annual leave).

I want to be helpful but not at my own expense. If anyone is familiar with the ET processes do you have any recommendations on what I can do? The obvious is to say no and suggest another date but how long should I give myself? I thought it was going to be tight anyway? I’m sorry I just haven’t done this before.

Thank you.

I am sorry as I don’t have experience of this.

My suggestion is to contact the ET Service or ACAS and ask if they can advise. I do think there is a strong possibility this is a delaying tactic to overwhelmed you.

I assume the original date was agreed, so maybe a response along the lines of if you are unable to meet the previously agreed deadline then the ET date will also need to be rescheduled to allow me the agreed time to fully review your disclosures and witness statements.

I hope someone else with more experience can help.

Definitely don’t be helpful. The judge will be far more lenient with you as you are representing yourself.

Thank you for your replies: I am very grateful.

I responded to their solicitor offering a week extension / a half way house for exchange of witness statements. I got her out of office and she is now on leave until after the courts agreed deadline for exchange of statements. OOO says her emails won’t be actioned in her absence.

Presumably she has just assumed I would accept her revised dates? But I am concerned that they would put significant pressure on me (as the Claimant I assume that I will have more statements to consider) and impact on my preparations for the hearing? Not sure what I can do now. I am very anxious.

Definitely contact the court.

In addition if the solicitor is not a one man band email the partners and advise them that someone needs to respond by the agreed date.

Also copy the email your employer as they are responsible for adhering to court deadlines.

Thank you. Tried countless times to contact the court- they are not answering their phones. ACAS said it’s a matter for the court.
We are due to exchange witness statements tomorrow (as per the court order). They have emailed today saying we have agreed an extension - we haven’t. They still haven’t sent me the documents they want to disclose: nor provided me with an estimate of when I can expect to receive them. I was reluctant to do so but think I will have to email the court FAO the judge. They claim I am being unreasonable by not agreeing an extension but surely doing so will be to my detriment? They will just have my witness statement and my Drs to consider: they will no doubt produce lots of statements. I also only have me (they have a team of lawyers and a KC) and I have to work. So all the pressure will fall on me? Do you think I am being unreasonable?

You are not being unreasonable.

Email the Judge and ask that if an extension is granted the ET dates are re-arranged to be fair to you.

Okay, deep breath. I agree with one of the pp who said this may be a tactic to overwhelm you. Do not allow them to do this.

The reality is they didn’t meet the original deadline. If you have your statements ready for the original deadline then state as such, email to say you dispute their statement you agreed as you did not, and email the court outlining your case for the extension to suit you. It’s perfectly valid that if they moved the goalposts then you are given right of reply and that didn’t happen.

Please don’t worry. You won’t be penalised for not meeting a goal you didn’t agree to. They changed the goalposts, thus taking the original deadline off the table - not you.