ET - what happens at case management discussion?

[harrypumpkin]

Has anyone been through case management discussion? what is discussed at this point? My claim is for sex discrimination, probably difficult to prove and I am thinking of going without legal representation. I am a bit worried as my employer has a solicitor that I will be asked tricky questions. Is it is possible for the claim to be thrown out at this stage(before even going to the hearing)? Can I say that i am not prepared to go into any details before the hearing?Thanks in advance for your help

It's a hearing to manage the case and organise preparation for the hearing.

As a first principle, you cannot say that you are not prepared to go into details before the hearing. Presumably you have put your claim down on your ET1 form? One of the main, and important, reasons for a CMD is to agree the issues in dispute in the case (i.e. the points of fact and law that will need to be decided at the hearing). For example, it may be that you both agree that a particular meeting was held on 12 May, but you disagree about what was said there. That might go down as an issue in disupte. If you refuse to co-operate in this then (after warnings from the Judge, probably), your case could be thrown out.

If you have written the claim yourself, it may also not be 100% clear the legal heading for your claim (direct discrimination, indirect discrimination) and whether relevant time limits have been complied with. This stuff is tricky even for lawyers, so the Judge will get both parties to walk through and clarify it.

The hearing will also set a timetable for all the preparation for the case. This would include the date by which you must provide all relevant documents, schedule of losses, witness statements, etc.

I am not going to lie, it's hard going it alone on a sex discrim. However, the Judge will 'hold your hand' through the procedure and make sure you understand what you need to do. If you don't understand anything (e.g. what disclosure is, what a witness statement needs to cover) then ask, ask, ask.

Thank you very much!
Do you think it is possible for the claim to be thrown out at this stage before the hearing even if we go into details?

This hearing isn't for assessing the evidence in the case. It's for preparing at a more practical level, so no, not really. That would be a Pre Hearing Review

However, if your case is wrong in law - for example, if you are complaining about an event which you cannot claim about because time limits mean it was too long ago- the Judge may advise you to think about withdrawing.

A CMD is not as scary as it sounds. It's more admin than merits. ..

www.barprobono.org.uk

I am awaiting my CMD but whilst working on my case I find that I could additionally incorporate a claim against my Union. Will I have to complete another ET1 for this or can it be incorporated at the CMD?

I would advise at least going in to the tribunal itself, if not to the case meeting with an adviser of some sort -its difficult to understand how you come across when you are under pressure and you might need someone to nudge you or signal that you are not comin across well or not expllaing well (someone who can paraphrase your argument 'for the benefit of the hearing' as well - and also to point to relevant parts of documentation (since no matter how well youknow it, and at the case meeting to hear more than you do about what is being said and to compare notes.

ets arevery sympathetic to people who represent themselves, but

in the tribunal: I would say pay particular attention to the judge and panel's questioning and if you feel they have left something out or have not explored deeply enough don't be afraid to open up the same issue again.

Pre-make notes on questions you want to ask witnesses, don't just go on the hoof and stop the process to read and check off all your questions, whilst showing respect to the hearing.

pre-prepare a summary of your case, with additions for eviddence you hope will be demonsrated by cross questioning and tick them off as they arise if you can

If a witness for prosecution gets angry or obviously uncomfortable don't stop questioning, keep going but very calmly- uncomfortable aggressive witnesses are regarded by judges as having something to hide (eg if its 'you changed your story here why was that? and the person blusters 'no I didn;t I have one said one thing this is ridiculous' say 'well here is one statement, and here is another, why are they different, did you change your view on this? .. why? (bad example but you see what i mean - don't shy away from getting your questions in because someone senior to you is blustering. (it helps to just read your questions - apologise say 'is it OK if I just read these in order' for example, and then keep going)

At the case meeting, make sure you make a reasonable assessment of how long you think you'll need to present your case - then double it cross examinations always extend don't be afraid to suggest more than one day if necessary

Golden Rules -

1. respect the hearing and show it

2, make sure you enphasise your reasonableness and show it

1. make it clear that you aren't an expert - eg if criticised by judge for poor questioning say 'my apologies, Its my first time in a hearing, can I try again? or ask for guidance (sometimes the panel will immediately get what you are driving at and re-phrase for you - they are usually quite kindly)
2. Don't look too clever (my usual mistake) look bemused, confused and aghast at how this can all have happened to such a reasonable, caring and decent employee only humbly trying to do their work effectively - it works wonders and is really part of rule 1.

1. DEFINITELY get to and watch a few tribunal cases if you possible can (addresses of tribunals are on the web) - i even stayed over in Birmingham to do two days watching before my first tribunal case) it will demystify and give you a flavour of how to behave.

1. keep in your head ' I have a right to challenge, they have a right to defend, I have a right and a duty to prove them wrong.

1. Drink lots of water - stress makes you dehydrated

1. adjourn if your concentration is flagging. Judges are usually sympathetic.