2 replies later, why is there still a wall of silence about why a Wirral Council employee took their employer to an Employment Tribunal?
About two months ago I noticed a 3 day Employment Tribunal case was listed involving a Wirral Council employee (or possibly former employee) to be heard at Vernon Street in Liverpool (see picture below).
Had it gone ahead on the original dates I would have been able to attend, however it was rescheduled to the next week and unfortunately on those days I was unable to attend.
So I requested a copy by post of the judgement from:
St Andrew’s Street (N)
Bury St Edmunds
A few days later I received this reply.
When I opened the envelope it contained this compliments slip:
The handwriting above reads “UNFORTUNATELY WE DO NOT HAVE THE JUDGEMENT (2403874/2014) AT THE PRESENT TIME. I WOULD SUGGEST TRYING AGAIN IN 3 OR 4 WEEKS.
AS FOR COPIES OF OTHER JUDGEMENTS, IT IS £10 FOR THE FIRST AND £5 FOR ANY EXTRAS.
WE HAVE RETURNED YOUR CHEQUE.”
OK, fair enough I thought, a bit like the county court, you can be there in person at the public hearing and hear the judge dictate his or her judgement, but it can take a few weeks before it’s typed up and ready as a judgement that’s sent out in the post to the parties involved.
So four weeks later I wrote again.
Once again I received a reply (see the envelope below).
Oh good I thought, I’ll finally get to read what this interesting case is finally about! However no, this was the reply I got instead!
This formal letter states (I’ve left out the logo, address, telephone number, email address and website address which you can read above):
Date: 15 July
Unfortunately, we still do not have a copy of the judgement, Mrs M Foulston v Wirral Borough Council – 2403874/2014 – If you are positive this employment tribunal has concluded, all I can suggest is once again trying again in a few weeks or if you know the court where the tribunal was held, you could try contacting them directly.
I have enclosed your returned check.
Apologies and thanks
From 01 April 2011, the Employment Tribunals became part of the new HM Courts and Tribunal Service, administered by the Ministry of Justice. Future requests for copy Employment Tribunal judgements should be accompanied by a cheque or Postal Order made payable to HM Courts and Tribunal Service or HMCTS.
So, I double checked the name and case reference number. They’re both correct. It was originally scheduled to be on the 20th, 21st and 22nd May 2015.
However this got rescheduled to the 27th, 28th and 29th May 2015 instead where it’s listed with the same case number.
It’s not listed the week after (so it didn’t get rescheduled again), however I didn’t check the daily list for either the 27th, 28th or 29th May.
So can anyone please shed some light as to what happened and/or answer the below questions?
Did the hearing go ahead, but due to its complexity the judgement isn’t available yet from the Judgements Register?
Could a deal have been done at the last moment which meant it didn’t go to a hearing (which explains the problems over requesting a copy of the judgement?
Finally, there’s a right to get a copy of the judgement, but if an Employment Tribunal case is filed but doesn’t go to a hearing, is there any right to a copy of the papers submitted similar to Civil Procedure Rule 5.4C for civil cases?
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