Document disclosure questions

[MsDoe]

Hi all, need to send my document disclosure asap via email and I would like to ask a few questions:
Does it need to be in a specific format?
Also, if I include emails, is a screenshot acceptable or do I need to forward the actual email?
Do I need to disclose documents which I know the respondent already disclosed- like my payslips?
Can I include comments (like a review or statement) in my disclosure?
A colleague send me an email describing similar problems at work and attaching her payslips and P45. Can I include any of this?
And lastly, what can I do if the respondent disclosed forged documents? Can I ask for an order to check the authenticity of the documents?
...I would be most grateful if you can help!

[ULA]

Firstly I presume you are the claimant in which case are you sending your documents over to the respondent who then has the responsibility for creating the bundle for the tribunal

[MsDoe]

Firstly I presume you are the claimant in which case are you sending your documents over to the respondent who then has the responsibility for creating the bundle for the tribunal

Hello, thank you for your response. That's correct

[ULA]

As the respondent s putting together the bundle they should index and paginate it, so what the best for you to do is:

1. Create a list of the documents you are sending as a cover sheet.
2. Documents should be in chronological order.
3. Depending on how good the screenshot is of the email. It needs to be very clear, nothing chopped off. Remember this is ultimately for the Tribunal so do not make it difficult for the Judge to read. If the screenshot is not good then send a copy of the actual email.
4. Even if you think the respondent has the document, to be sure, send it anyway.
5. Not sure what you mean by "Can I include comments (like a review or statement)".
5. Is your colleague providing a witness statement and prepared to be a witness at the hearing?
6. Have you questioned the authenticy of the documents with the respondent? If you have not done this, then you will need to do so first.

[MsDoe]

As the respondent s putting together the bundle they should index and paginate it, so what the best for you to do is:

1. Create a list of the documents you are sending as a cover sheet.
2. Documents should be in chronological order.
3. Depending on how good the screenshot is of the email. It needs to be very clear, nothing chopped off. Remember this is ultimately for the Tribunal so do not make it difficult for the Judge to read. If the screenshot is not good then send a copy of the actual email.
4. Even if you think the respondent has the document, to be sure, send it anyway.
5. Not sure what you mean by "Can I include comments (like a review or statement)".
5. Is your colleague providing a witness statement and prepared to be a witness at the hearing?
6. Have you questioned the authenticy of the documents with the respondent? If you have not done this, then you will need to do so first.

5. For now my colleague emailed me starting "I have been asked to describe my experiences..." And gives an overall review of our mutual problems as well as her payslips and P45. Will this do for the disclosure? And how do I get a witness statement?
6.My ET1 was very poorly written when I firstly submitted my claim. Meanwhile I have gathered evidence of discrepancy between my cash-in-hand wages and my payslips which varied monthly, resulting either in underpayment, or tax evading. Moreover, I have evidence that I was never enrolled in a Pension scheme. However not only is mentioned on my payslips, but the respondent disclosed a document with the Pension scheme heading, showing contributions. So it can be nothing but forged.
Can I disclose a text stating the above? And how do I address to the respondent about these?

[ULA]

5. Is what your colleague has to say relevant to your case? Are they willing to prepare a witness statement and potentially given evidence on your behalf at the hearing, if not then any documents you want to add in related to this would potentially not be considered by the Tribunal.
6. You cannot change your ET1 at this stage or the basis of your claim. Does the evidence you have subsequently gathered regarding relate to your claim? Is the pension situation a different matter or part of your original ET1 claim If you have only just uncovered issues in regard to your pension then this can be taken up with the pension regulator.

[MsDoe]

5. Is what your colleague has to say relevant to your case? Are they willing to prepare a witness statement and potentially given evidence on your behalf at the hearing, if not then any documents you want to add in related to this would potentially not be considered by the Tribunal.
6. You cannot change your ET1 at this stage or the basis of your claim. Does the evidence you have subsequently gathered regarding relate to your claim? Is the pension situation a different matter or part of your original ET1 claim If you have only just uncovered issues in regard to your pension then this can be taken up with the pension regulator.

... I am still working non-stop trying to complete my disclosure today, and before I continue with my non-stop questioning, I would like to take a moment thank you for your advice so far, it really makes a difference.
6. I have mentioned the fact that there is no pension contributions in my original claim, but I didn't claim money for that. The calculations for financial compensation in my Acas document were hardly proper. Can I claim the pension money in the schedule of loss that I am preparing now?

[MsDoe]

... I am still working non-stop trying to complete my disclosure today, and before I continue with my non-stop questioning, I would like to take a moment thank you for your advice so far, it really makes a difference.
6. I have mentioned the fact that there is no pension contributions in my original claim, but I didn't claim money for that. The calculations for financial compensation in my Acas document were hardly proper. Can I claim the pension money in the schedule of loss that I am preparing now?

I also noticed that part of the documents in the Respondent's disclosure they are not mentioned in the List of Documents. Can I refuse to consider them?

[ULA]

A schedule of loss can always be updated during the tribunal process because circumstances change, in that you may start a job or if you do not then the loss gets greater.

Not sure what your claim is for but if you are claiming unfair dismissal then you can claim for loss of pension benefit from the end of your employment. For pension contributions not paid by your employer whilst employed I think you will have to do this by making a report to the Pensions Regulator.

Disclosure of documents is an ongoing obligation, it does not end when the List of Documents is produced, if new evidence becomes available.

[MsDoe]

A schedule of loss can always be updated during the tribunal process because circumstances change, in that you may start a job or if you do not then the loss gets greater.

Not sure what your claim is for but if you are claiming unfair dismissal then you can claim for loss of pension benefit from the end of your employment. For pension contributions not paid by your employer whilst employed I think you will have to do this by making a report to the Pensions Regulator.

Disclosure of documents is an ongoing obligation, it does not end when the List of Documents is produced, if new evidence becomes available.

Concerning the authenticity of payslips and pension contributions, do I need to serve the Respondent a N268 Form? It has been more than 7 days from the disclosure but the order for witness statements is in the following September... Did this make any sense?

[ULA]

The N268 form come into play on the Civil Procedure Rules (CPR). The CPR are not expressly incorporated into the ET Regulations or the ET rules. However, tribunals apply the principles set out in the CPR when following the ET rules.

Given the guidance on when you can serve an N268, if the date for exchange of witness statements is September this year then you have time.

However most payslips are produced via payroll software mangement systems so I am confused as to why you would want to prove their authenticity.

[MsDoe]

The N268 form come into play on the Civil Procedure Rules (CPR). The CPR are not expressly incorporated into the ET Regulations or the ET rules. However, tribunals apply the principles set out in the CPR when following the ET rules.

Given the guidance on when you can serve an N268, if the date for exchange of witness statements is September this year then you have time.

However most payslips are produced via payroll software mangement systems so I am confused as to why you would want to prove their authenticity.

Again thank you for your answer. My former employer payed me cash in hand daily, less than minimum wage. On my payslips she claims that she paid me in the bank monthly ,as well as that I worked less hours and paid more, plus contributions that she never made, like pension. I have some daily sales papers that prove my point, as well as evidence that there were no pension contributions a.o. Given the fact that she also produced a sheet with supposed pension contributions in her disclosure, I want to dispute all of them and prove that she is also a tax evader and forger, which she is. What steps do I need to take to do that?

[MsDoe]

The N268 form come into play on the Civil Procedure Rules (CPR). The CPR are not expressly incorporated into the ET Regulations or the ET rules. However, tribunals apply the principles set out in the CPR when following the ET rules.

Given the guidance on when you can serve an N268, if the date for exchange of witness statements is September this year then you have time.

However most payslips are produced via payroll software mangement systems so I am confused as to why you would want to prove their authenticity.

Again thank you for your answer. My former employer paid me daily cash in hand, below minimum wage. On her payslips she claims that she paid me monthly in the bank, that I worked less hours and paid more, plus contributions that she never made, like pension. I have sales papers and pension evidence that prove my point. Since she also produced a sheet supposedly from the pension, I would like to dispute all of them and prove her as tax evader and forger which she is. What legal steps do I have to take to do that?

[MsDoe]

The N268 form come into play on the Civil Procedure Rules (CPR). The CPR are not expressly incorporated into the ET Regulations or the ET rules. However, tribunals apply the principles set out in the CPR when following the ET rules.

Given the guidance on when you can serve an N268, if the date for exchange of witness statements is September this year then you have time.

However most payslips are produced via payroll software mangement systems so I am confused as to why you would want to prove their authenticity.

Hello, I've trying replying but it does not show my post

[MsDoe]

The N268 form come into play on the Civil Procedure Rules (CPR). The CPR are not expressly incorporated into the ET Regulations or the ET rules. However, tribunals apply the principles set out in the CPR when following the ET rules.
Given the guidance on when you can serve an N268, if the date for exchange of witness statements is September this year then you have time.
However most payslips are produced via payroll software mangement systems so I am confused as to why you would want to prove their authenticity.

Hello, I've trying replying but it does not show my post