Mrs H Richards v Stanmore College: 3334313/2018
[1]Judicial mediation1.1 Both parties are potentially interested in judicial mediation. In view of the current restrictions and the need for judicial mediations to take place by telephone, they will attempt in the first instance to negotiate with the Case Number: 3334313/2018 4 of 6 assistance of ACAS. However, if they change their minds and wish to have judicial mediation they will advise the Tribunal as soon as possible and the case file will be passed to the Regional Employment Judge for a decision as to whether to offer them judicial mediation. Although this claim does not precisely meet the usual criteria for judicial mediation it may be considered appropriate in view of the length of time to the final hearing and the claimant’s desire for a resolution following the death of her son.1.2 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-practice-directions/.[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 about the case and the issues that arise is inaccurate and/or incomplete in any important way.[3]Statement of remedy / schedule of loss3.1 The claimant has provided a Schedule of Loss but it is now out of date. On or before 10 April 2020, the claimant shall provide to the respondent an updated 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 amounts have been calculated.3.2 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. 6.3 If the claimant is claiming for loss of pension, the Schedule of Loss must set out precisely how much is being claimed and on what factual and arithmetical basis. The parties are referred to: the Presidential Guidance on pension loss at www.judiciary.gov.uk/wp-content/uploads/2013/08/presidential-guidance-pension-loss-20170810.pdf[4]Final hearing bundle 4.1 The parties have exchanged lists of documents and copy documents. On or before 26 June 2020, the respondent shall produce a paginated and indexed bundle of documents for the final hearing and provide the claimant with a ‘hard’ and an electronic copy of the bundle by the same date. The bundle Case Number: 3334313/2018 5 of 6 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.[5]Witness statements 5.1 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 18 September 2020. No additional witness evidence will be allowed at the final hearing without the Tribunal’s permission. The written statements must:5.1.1 have numbered paragraphs;5.1.2 be cross-referenced to the bundle; and5.1.3 contain only evidence relevant to issues in the case.[6]Final hearing preparation 6.1 By 9.30am on the first day of the final hearing, the respondent shall lodge the following with the Tribunal:6.1.1 Two copies of the bundle; and6.1.2 Two hard copies of the witness statements (plus a further copy of each witness statement to be made available for inspection in accordance with rule 44).[7]Other matters7.1 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. Case Number: 3334313/2018 6 of 67.2 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.7.3 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.7.4 Public access to employment tribunal decisions All judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant and respondent in a case.7.5 Any person who without reasonable excuse fails to comply with a Tribunal Order for the disclosure of documents commits a criminal offence and is liable, if convicted in the Magistrates Court, to a fine of up to £1,000.00.7.6 Under rule 6, if any of the above orders is not complied with, the Tribunal may take such action as it considers just which may include:(a) waiving or varying the requirement;(b) striking out the claim or the response, in whole or in part, in accordance with rule 37;(c) barring or restricting a party’s participation in the proceedings; and/or(d) awarding costs in accordance with rule 74-84. ________________________ Employment Judge Finlay Date: 27 March 2020 Sent to the parties on: .........17.07.2020....................... ..........T Yeo.............................. For the Tribunal Office