Legal System : not working? Or is it me?

[NamechangedforET]

I really would be grateful for any comments /advice that anyone may be able to give.

I have brought a claim against my employer. It is scheduled to be heard in two weeks. I am a litigant in person. We were meant to exchange witness statements last week.The Respondents solicitors asked if they could extend the deadline issued by the court as they had more documents (over 200 to disclose). I asked the court for advice as the Respondent wanted a further two weeks ,I thought one should be sufficient as I was worried it was eating into my time to consider their witness statements and prepare.No response from the court so far :have emailed and called .

On Monday evening they emailed me a copy of the 200 documents they want to disclose. Have been working through the night reading them (work full time) and amending my witness statement where necessary. Unfortunately the page numbering is a mess (lots of duplication - so pages1-200 duplicated twice,for example) : so I emailed saying would they be amending them so I could cross refer to them in my witness statement without confusing the tribunal (they were asked to prepare the bundle).

They have just emailed me to say they intend to issue a new bundle next week (they are having IT problems : it’s too big to send). However , and this is what I am worried about, they say they have looked at the documents I disclosed and decided that some of them aren’t relevant and will not be including them in the bundle.

They have said that if I want them to be included I will need to produce my own bundle. And provide them with a copy.

Obviously they are entitled to take a view about relevance but at this late stage to say I need to create my own bundle is , I feel, unfair. Initially I thought I would just crack on and create it but then realised until I get their bundle I won’t know what they have chosen to include or not. Nor can I finalise my witness statement.

I work full time and have no help. I know they are hoping I will seek an extension but I don’t want more of this.

What would you do? It’s starting to make me feel ill .Why are they behaving like this? I feel they are being unreasonable but is that just the way that lawyers and the legal system work?

Tell them you want your documents included in their bundle, and that they can mark on the index to the bundle the documents they don’t agree are relevant. Then it will be for the tribunal judge to decide what is and is not relevant. They’ve been told to prepare the bundle (and have done a shoddy job so far by the sound of it, making pagination errors is just inexcusably rubbish) and should not then push this on to you.

Personally I would put everything you want to into a bundle with a copy for the court & for the ex employer, with a cover letter explaining that you are aware of the deadline & ex employer isn't finalising documents until x date in which time as you won't have the opportunity to view these until after they're sent you may need to add your further documents should they be relevant.
They want you to pull out because it's easier for them, I would not give them what they want, I'd played them at their own game

Thank you so much- you don’t know how grateful I am.

We agreed at the start of the year that there would be a section at the back of the bundle called ‘Claimants Documents - Relevance Disputed’.

In the old version of the bundle a lot of my documents were put in there. They are now meant to be doing a new version with their clients additional documents in. Their email tonight just said that they had reviewed my documents again and decided not to include them : but they haven’t said which ones or whether they are removing the whole section. I assume I just have to wait? They haven’t given me a date by which I can expect the bundle : presumably early in the week when the IT issues are resolved?

They have also said if I am preparing a separate bundle I need to get it to them well in advance of the hearing. As they have had all the documents before surely three days would be sufficient/reasonable?

But it’s two weeks to the hearing , I’m in work next week and we haven’t exchanged witness statements or bundles. So stressful ..

Make sure all of this is documented in writing / email copying the Court. The judge may take a dim view of their behaviour.

They're not being fair it's not up to them what you think is relevant & choose to include, I would write & say that you think the documents are relevant to your case & you are therefore going to include them. Cheek!
If you're concerned about the deadline or having enough time I'd email & say that you plan to produce the documents by X date & that they can contact you if they aren't happy with that.
Be warned they might turn up on the day with new documents these people have a habit of doing this.
As long as you get the papers to the court before the deadline with a cover letter you should be ok

Personally I'd put the whole lot into the court of what you want explaining that the ex employer is refusing to submit some of your documents but won't say which ones so you've been left with no choice but you submit them yourself, apologies if they have received any documents twice

Hello , I’m sorry to ask another ridiculous question. Think my confidence is shattered! Is the apostrophe in the correct place:

Claimant’s Hearing Bundle

If you are the only claimant, the apostrophe is correct. And relax. You won't lose your case over a misplaced apostrophe.

Thank you very much. Am very grateful. Just want it all to be correct.

I have finally produced by own bundle and witness statements should be exchanged next week (the tribunal still haven’t responded to any of my emails so just going to proceed as best as I can). Less than two weeks to go: scary!

I am incredibly grateful to everyone on Mumsnet. Regardless of how it goes you have all been amazing. Thank you.

Good luck. Sometimes they will make you an offer on the day rather than go through to a hearing, unless you're happy with the offer you don't have to take it.
Come back & let us know how you do