u/Glittering_Ad9663

Respondent disclosure for agency issue/ bundle preparation (England)

I've a PH to decide agency issue for some R's,

Me and R's disclosed documents relavant to the issue.

R has not disclosed many documents, I raised it and was told "disclosure provided to date is solely in relation to the question of whether you can bring claims against Respondents, if there is something in particular that you think is missing, please let us know and we can look into this."

Out of many, I outlined 2 examples (from the disclosed docs, not speculation) explaining why it is relevant to the preliminary issue and that they are in their control. I still haven't received a response, and it doesn't seem like they will.

The same day I raised the disclosure issue (about 7 days after the disclosure date), I also received the R draft bundle for the agency issue with our disclosures combined.

Long story short, I noticed R has removed/and kept removing many of my docs without informing me, also replacing my documents with identical versions with different dates in silence, etc. Without exaggeration, it was more than a week going back and forward with R as they kept removing documents without informing me and disputing my documents that are clearly relevant to the issue. (Emails available, they admitted omitting my docs due to "not being relevant to whether I can bring claims against the R's"). R keeps saying "bring claims" instead of "if R's acted as agents of R1" which the CMO specifies.

I ended up applying for a short extension of time to make my own bundle (R draft bundle 1 day before the deadline was still missing documents, unorganised, etc).

As I was drafting my bundle, I discovered further evidence relevant to the issue and included them.

After providing R my draft bundle, they disputed all my new docs due to not being disclosed on the disclosure day, then they disputed my whole bundle due to "mixing agreed/disputed docs", even after including copies of all disputed docs at the end of the bundle.

They also proceed by lodging to ET their version, which is still missing docs, extremely bad organised, etc.

Without exaggeration, the side by side comparison is major.

My questions are:

  1. Should I include the correspondences between me and R showing clear records of disclosure disputes, bundle preparation processes, etc? To bring attention to this matter as it will affect the preliminary issue decision.

  2. How likely is it that the judge will allow my new discovered/included docs in the bundle? past the disclosure date.

Any information from similar experiences are appreciated

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u/Glittering_Ad9663 — 14 days ago

Disclosure for agency dispute (England)

I have a preliminary hearing on whether several respondents were acting as agents of the employer.

The Tribunal ordered disclosure limited to that issue. After looking through the respondents disclosure, I emailed saying I didn't think it was complete.

They replied saying they believed it was complete, but said if I thought anything specific was missing, I should tell them and they'd look into it.

From comparing both sides' disclosure, it's pretty obvious not everything has been disclosed. I have documents showing certain internal emails and communications existed, but the corresponding documents aren't in their disclosure.

So I sent a follow-up email identifying those missing categories and asked them to disclose them if they exist, or confirm they don't.

My only worry is that by pointing out exactly what's missing, I've given them a chance to come up with explanations or strengthen their defence before the hearing.

Did I do the right thing? or I should've kept quiet and raised it with the Tribunal instead? for example, on my WS for this PH.

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u/Glittering_Ad9663 — 23 days ago

Disability agreed by R (England)

Good mornings,

R accepted C was disabled. R informed ET that disability is no longer disputed. R wants to include C's medical records/WS in the bundle for the PH.

Can C object this? The only live preliminary issue for the PH is agency/liability and further CM.

Is there a legitimate reason to include them?

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u/Glittering_Ad9663 — 29 days ago

PH to prove disability (England)

Hello everyone,

I have a PH scheduled to prove my disability. The employer has denied knowledge of my disability.

The CMO says that I've to disclose medical records and a witness statement for the impact of my conditions.

My questions are:

  1. Do I have to prove that R had knowledge of my disability at this PH? or is this PH solely for the disability status?

  2. The CMO says that I have to disclose ALL relevant docs related to my disability. Is it OK if I don't actually include everything but the strongest? (they are too many)

Thanks everyone!

CMO word-by-word:

"The Claimant shall send to the Respondent:

(a)Copies of all of his medical records relevant to the condition(s) relied on as giving rise to disability.

(b) A signed witness statement describing the effect of the condition(s) on his ability to carry out day-to-day activities and the duration of that effect.

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u/Glittering_Ad9663 — 2 months ago

Postponing PH hearing/CMO deadlines (UK/England)

Hi everyone,

I have a PH hearing scheduled on September 2026 and CMO deadlines I must meet by July 2026.

Due to my current circumstances (including homelessness risk/crime victim) I don't think I will be able to prepare and attend the hearing and I'm looking to postpone the PH/CMO.

My questions are:

  1. Can I postpone the PH/CMO? (taking into consideration the deadlines for CMO are in a month and PH in a few months)

  2. If I can postpone the PH/CMO, what should I include in the request to postpone? (e.g medical evidence/police report-victim support references, risk of homelessness support?)

  3. Will this hurt my case in any way?

  4. Is there a realistic chance to get a NWNF agreement if I approach law firms? (taking into consideration the close deadlines)

The case/evidence are strong (have taken legal advice on the merits before, R is not seeking to strike out my case/part)

Thanks for your time helping!

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u/Glittering_Ad9663 — 2 months ago