u/adbenj

The order was for disclosure of my timesheets. It was made orally with no written record yet available, and R's solicitor is now claiming their instructed counsel didn't inform them of the order. How likely do we think that is?

(I know how likely I think it is, I just want a bit of a sense check before I confirm to the Tribunal that I'm withdrawing my consent for judicial mediation. I'd told R I still expected my timesheets to be disclosed so I can calculate an accurate schedule of loss, and that if they don't comply with the order, I'll proceed as if we're going to another open hearing.)

I have an open preliminary hearing listed for 6 July. It's to determine whether there is a reasonable chance of me arguing ostensibly out-of-time discrimination complaints formed part of an in-time continuing act, and otherwise whether it would be just and equitable to grant me an extension.

I have been ordered to submit a witness statement, which I have written. The deadline for that is 19 June. However, the only evidence I've been ordered to submit is medical evidence, to be considered in case I need an extension. I have referenced it in the 'just and equitable' parts of my witness statement, but should I have a bundle for the 'continuing act' part of my statement as well?

I've also been ordered to submit a skeleton argument by 3 July. My understanding is, whether the complaints do form part of a continuing act won't be determined until the merits hearing; it can only be determined at the preliminary hearing whether the complaints are so clearly out of time that they should be struck out. Does that sound right? There will be no other witnesses, i.e. no one for me to cross-examine, but I don't know if that means I won't be cross-examined.

Somewhat confusingly, the hearing has been converted to a judicial mediation without my express consent, so that's the only written notice that I have. I'll be asking for it to be converted back to an open hearing though.

Background

I had a closed preliminary hearing (England and Wales) at the start of last month, at which the Judge made a number of orders ahead of an open preliminary hearing in July. The purpose of the future hearing is to establish whether I have a reasonable chance of arguing potentially out-of-time discrimination complaints were either part of an in-time continuing act, or I might otherwise be granted an extension on 'just and equitable' grounds. I'm not sure exactly what you call that type of hearing, but there'll be no witnesses and the only evidence I've been ordered to disclose is medical evidence (for a possible extension).

I also have an outstanding unauthorised deductions complaint, which the Respondent has attempted to have struck out on multiple occasions on the basis that it isn't properly particularised. The reason it isn't properly particularised is it relates to enhanced rates of pay, and I don't have access to my timesheets to calculate exactly when I was paid at the wrong rates. The Respondent is fully aware of this. At the hearing last month – after almost two years – the Judge finally made an order for specific disclosure of my timesheets.

The issue

The Respondent has subsequently asked for the open preliminary hearing to be converted to a judicial mediation. I told them I would be open to that, but only if they comply with the order for specific disclosure. I argued I need to see my timesheets to draft an accurate schedule of loss and therefore know what I'm prepared to settle for – which is true – but privately, I'm also worried JM will fail and I'll again be in a fight to get my timesheets disclosed. I informed the Respondent and the ET that, until my timesheets are disclosed, I will proceed as if the open hearing is going ahead. I have accordingly complied with all CMOs to date, including those for disclosure of my own.

Neither the ET nor the Respondent has acknowledged my condition for JM, and today I received confirmation that JM has been scheduled. I believe the Respondent has missed the deadline for disclosure, although foolishly, I didn't write down their deadlines (only my own) and I've not yet received a record of the previous hearing.

Should I reiterate to the ET and the Respondent that my timesheets have still not been disclosed and I won't agree to JM until they are? Would that be unreasonable? And having set that condition, would it seem weak of me not to enforce it? I'm not worried about going to another PH, frankly, as I find it very difficult to see how they'll manage to argue against a continuing act (and even if they do, I'll still have at least one complaint remaining to take to a final hearing), so it really is just a case of not wanting to seem like a difficult litigant.

Has anyone found an intent or command to do this? I'm using a Pixel 10, but can't find a way to natively launch Circle to Search with Tasker. Currently I'm using Tasker in conjunction with an app called MiCTS, but I'd rather not have additional apps on my phone if I can avoid it!