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Respondent not supplied documents I requested

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  • Respondent not supplied documents I requested

    The deadline for exchanging lists of documents which we intend to refer to at tribunal expired on 18th
    several items from my paltry list of 16 have so far not been forwarded by my former employers solicitor .
    should I email the tribunal office and copy the respondents solicitor in pointing out that these documents are outstanding and then just go ahead with producing my statement ?
    ​​​​​​
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  • #2
    Disclosure of documents is essential, and as a claimant, I have experience of what you are going through. If the date for the bundle of materials is quite far in the future, a way forward could be to write to the respondent with a detailed letter. It works well if you provided numbered bullets clearly stating what you are requesting.
    With disclosure can ask for any documentation relating to the issues of the case, which means that you should look closely at their ET3 where you think there are inconsistencies. They are required to provide you with evidence that both supports or undermines their case. Don't be afraid to push them for disclosure that you need, focus on the issues and remember the duty of disclosure is ongoing.
    What you may find useful is to tie your disclosure request back to what is in their ET3, i.e.:

    1. You say in paragraph x of the Grounds of Resistance that you had discussions about x.

    Please supply all communication, including notes of meetings and electronic correspondence which relate to x or comment on why you are not providing the information.

    I would provide a short time limit (usually two weeks). You want to let them know that you are trying to avoid an application to the tribunal. You can say if they fail to provide the documents or valid reasons why they won't, you will be forced to put a request to the Tribunal.

    One of the hardest things I have found with Tribunals is the slow pace that everything happens. Before you write your witness statement, it is vital to get all the disclosure as you will need to refer to documents in your statement.

    As a litigant in person, it can be daunting to take on a solicitor and be confident with your rights. Remember that you can include any documents you like in the bundle (relevant to the issues) and it is not just the respondent's decision.






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