How to deal with disclosure in employment tribunal proceedings

Author: Mark Taylor

Summary

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• Be aware that the duty of disclosure requires parties to an employment tribunal claim to provide each other with a list of the documents that are relevant to the case.
• Be aware that the parties must disclose all documents that are relevant and not just those that help their case.
• Remember that the parties are required to provide documents that are in their possession or control. This means that if a party does not have the document but can obtain it, it should be disclosed.
• Ensure that the documents disclosed remain true and accurate and have not been amended or altered.
• Refer to documents in the relevant witness statement or the tribunal will not take them into account.
• Take into account that, in most cases, without prejudice or privileged documents will not be subject to disclosure.
• Comply with any case management order issued by the tribunal.
• Remember that the duty of disclosure continues throughout the proceedings and does not end at the date given for disclosure to take place.
• Be aware that an application can be made to the tribunal for a disclosure order if the other side fails to disclose, and if the party fails to comply with the order an application can be made for the case to be struck out.