Miss V Sharma v Central Taxis (Warks) Ltd: 1301070/2019
JUDGMENT
[1]The response is not struck out for non-compliance with the order of Employment Judge Camp sent to the parties o 5 July 2019. Note: Reasons for the decision having been given orally at the hearing, written reasons will not be provided unless a written request is received from either party within 14 days of the sending of this record of the decision.[1]Judicial mediation 1.1 The parties are referred to the “Judicial Mediation” section of the Presidential Guidance on ‘General Case Management’, which can be found at: www.judiciary.gov.uk/publications/employment-rules-and-legislation-practicedirections/. The claimant is interested in judicial mediation. By 12 December 2019 the respondent will inform the claimant and the tribunal whether it is interested in an offer of judicial mediation and, if not, why. 5 of 9[2]Complaints and issues 2.1 The parties must inform each other and the Tribunal in writing within 14 days of the date this is sent to them, providing full details, if what is set out in the Case Management Summary section above about the case and the issues that arise is inaccurate and/or incomplete in any important way.[3]Response 3.1 The respondent’s letter to the tribunal dated 25 October 2019 will serve as its amended response.[4]Statement of remedy / schedule of loss4.1 The claimant must provide to the respondent by 28 November 2019 a document – a “Schedule of Loss” – setting out what remedy is being sought and how much in compensation and/or damages the tribunal will be asked to award the claimant at the final hearing in relation to each of the claimant’s complaints and how the amount(s) have been calculated.4.2 If any part of the claimant’s claim relates to dismissal and includes a claim for earnings lost because of dismissal, the Schedule of Loss must include the following information: whether the claimant has obtained alternative employment and if so when and what; how much money the claimant has earned since dismissal and how it was earned; full details of social security benefits received as a result of dismissal.[5]Open Preliminary Hearing 5.1 There will be an open preliminary hearing (‘OPH”) on 25 February 2020 at[10]AM (time estimate one day) to determine whether the response be struck out on the ground that the manner in which the proceedings have been conducted by or on behalf of the respondent has been scandalous ,unreasonable or vexatious (“the preliminary issue”). 6. Preparation for the OPH6.1 By 19 December 2020, the claimant shall prepare and send to the respondent full written statements containing all the evidence she and her witnesses intend to give at the OPH. All documents relevant to the preliminary issue in chronological order and with page numbers must be attached to the claimant’s witness statements. The witness statements must: have numbered paragraphs; be cross-referenced to the documents; contain only evidence relevant to the preliminary issue.6.2 By 19 December 2020 the respondent shall prepare and send to the claimant full written statements containing all the evidence it and its witnesses intend to give at the OPH. All documents relevant to the preliminary issue in chronological order and with page numbers must be attached to the respondent’s witness statements. The witness statements 6 of 9 must: have numbered paragraphs; be cross-referenced to the documents; contain only evidence relevant to the preliminary issue.6.3 The parties must bring 2 spare copies to the OPH for the tribunal’s use. 7. Documents for Final Hearing 7.1 On or before 9 January 2020 the claimant and the respondent shall send each other a list of all documents that they wish to refer to at the final hearing or which are relevant to any issue in the case, including the issue of remedy. They shall send each other a copy of any of these documents if requested to do so. 8. Final hearing bundle 8.1 By 6 February 2020, the parties must agree which documents are going to be used at the final hearing. The claimant must paginate and index the documents, put them into one or more files (“bundle”), and provide the respondent with a ‘hard’ and an electronic copy of the bundle by the same date. The bundle should only include documents relevant to any disputed issue in the case and should only include the following documents:• the Claim Form, the Response Form, any amendments to the grounds of complaint or response, any additional / further information and/or further particulars of the claim or of the response, this written record of a preliminary hearing and any other case management orders that are relevant. These must be put right at the start of the bundle, in chronological order, with all the other documents after them;• documents that will be referred to at the final hearing and/or that the Tribunal will be asked to take into account. In preparing the bundle the following rules must be observed:• unless there is good reason to do so (e.g. there are different versions of one document in existence and the difference is relevant to the case or authenticity is disputed) only one copy of each document (including documents in email streams) is to be included in the bundle• the documents in the bundle must follow a logical sequence which should normally be simple chronological order. 9. Witness statements 9.1 The claimant and the respondent shall prepare full written statements containing all of the evidence they and their witnesses intend to give at the final hearing and must provide copies of their written statements to each other on or before 6 April 2020. No additional witness evidence will be allowed at the final hearing without the Tribunal’s permission. The written statements must: have numbered paragraphs; be cross-referenced to the bundle(s); contain only evidence relevant to issues in the case. The claimant’s witness statement must include a statement of the amount of 7 of 9 compensation or damages they are claiming, together with an explanation of how it has been calculated. 10. Final hearing preparation 10.1 On the the first day of the final hearing (but not before that day), by 9.30 am, the following parties must lodge the following with the Tribunal:10.1.1 four copies of the bundle(s), by the claimant;10.1.2 four hard copies of the witness statements (plus a further copy of each witness statement to be made available for inspection, if appropriate, in accordance with rule 44), by whichever party is relying on the witness statement in question;10.1.3 three hard copies of any written opening submissions / skeleton argument, by whichever party is relying on them / it;10.1.4 three hard copies of the following agreed if possible, by 26 October 2020, by the respondent –a neutral chronology.[11]Other matters11.1 The above orders were made and explained to the parties at the preliminary hearing. All orders must be complied with even if this written record of the hearing is received after the date for compliance has passed.11.2 Anyone affected by any of these orders may apply for it to be varied, suspended or set aside. Any further applications should be made on receipt of these orders or as soon as possible.11.3 The parties may by agreement vary the dates specified in any order by up to 14 days without the tribunal’s permission except that no variation may be agreed where that might affect the hearing date. The tribunal must be told about any agreed variation before it comes into effect.11.4