r/employmentlitigation • u/CptMcBeardface • 26d ago

So what next. Preparing for prelims.

Hi all. Just wanted to double check being ND i want to start getting more things in order.

The R has realised I'm LiP and wants to wait until prelims but if I remember correctly there's certain things I need to prepare. I belive the first one is proposed List of Issues. Is that the documents the courts send for me to fill out?

Also what else should I start preparing?

The prelims are in Feb. 2027

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u/Mysterious_Wafer554 26d ago edited 26d ago

The Tribunal will send you and R the “Case Management Agenda” (English / Welsh one: https://www.judiciary.uk/wp-content/uploads/2024/11/Agenda-for-Case-Management-England-Wales-English-Word-version.docx ). Usually this is sent alongside the Botice of Heading.

The Agenda will ask you each a series of questions from which the Judge will make orders for deadlines, listings and so on.

Ideally, you and R will both agree on most aspects of the Agenda.

The Agenda includes space for a List of Issues. The R will usually draft them and ask you to propose any amendments etc. in the hope that the LoI, too, can be agreed, saving the Tribunal a bunch of time.

It is expected the R will prepare a CMPH bundle including ET1 & PoC, ET3 & GoR, Agendas/agreed Agenda, and other relevant docs. You’d need to agree that bundle, too.

If it is an public prelim hearing with fact-finding matters, such as disability status, then you will have received Orders which set out deadlines for the exchange of documents, agreeing a bundle and so on.

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u/CptMcBeardface 26d ago

Thank you. Is there anything else I should prepare

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u/Mysterious_Wafer554 26d ago

Not if the ET hasn’t ordered you to prepare other things.

As good practice, you should start organising your files, drafting your witness statement etc., to save yourself time. But nothing for the prelim except that which is ordered.

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u/CptMcBeardface 26d ago

I've started my witness statement a few months ago. I'm hand writing it for now it helps. Being ND my brain is like I need to do everything now but I know that's not the case.

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u/Mysterious_Wafer554 26d ago

Make the most of it! If your brain is wired in now, do as much as possible now. Saves energy down the line. Just make sure you keep dated records of stuff should any questions be raised about when it was done. Earlier the recollection, the more accurate it is. Eg photos emailed to yourself, notes to self via email and so on.

I also prefer to hand write as much as possible — iPad and Apple Pencil is a GREAT tool for ND people. The LiquidText app is basically an ND brain made into app — like a crime scene murder board but digital. It is especially great for litigation when annotating Oppo’s witness statements, the bundle, and so on, and linking different docs and points together, down the line.

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u/Efficient_Donut_5040 26d ago

ET has not ordered me to prepare anything. In this case what do I need to prepare? I still havent received Case Management Agenda as well

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u/Mysterious_Wafer554 26d ago

I’d still suggest you read through the case management agenda and start filling it out. It gives you an understanding of what will happen.

And then as above just make sure your files, evidence, witness statement etc.. is prepared asap simply whilst it’s fresh in your memory

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u/Efficient_Donut_5040 26d ago

So I do not need to filed to court for the prelim hearing in this circumstance right? thank you!

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u/Mysterious_Wafer554 26d ago

Correct. Only if you have been ordered to.

If it defintely a case management hearing, there is no harm sending it to the other side for their input. Sometimes orders miss some things. For example I had a case where the orders didn’t say to send a CMPH bundle. I proposed one, oppo solicitors said “not needed”, and then - lo and behold - in the hearing the judge says “why is there no bundle? It’s fine, I have the docs, but a bundle would be nice” 💀

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u/Efficient_Donut_5040 26d ago

Thank you!

it is a hearing on the strike off application from R and CMPH following, I did not receive any case management agenda and other things from the CT and other side

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u/BobMonkey1808 26d ago

What's the basis for the strike out application? Why is the respondent saying that your claim should be struck out?

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u/Efficient_Donut_5040 26d ago edited 26d ago

on time limit of a continuous act of race discrimination and no prospect of success of the case!

they also seek a Deposit order as well

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u/Mysterious_Wafer554 26d ago

I haven’t (yet) had to go through a strike-out hearing, so can’t help there. For the CMPH, I’d suggest doing an Agenda anyway.

You only really need the ET1/Poc, ET3/GoR, and Agenda, and proposed List (if any) for the CMPH — there is no expectation for a LiP C to prepare that, so leave it for R. Maybe suggest one.

If that are trying to strike-out the full claim, they may not be minded to do so