Disclosure being withheld

[Londonj2014]

Hello, I am an LIP and really need help

I made a request for a few documents in July and some have been provided. However, I am still awaiting some others.
I was updated in August and told that the respondent is still searching.
This week the respondent made a settlement offer, I said that I will be able to let them know next week but, in the meantime, I would like the remaining documents. I feel that the documents would be detrimental to this case.

They have said they would not be taking any further case management steps whilst they await my response to their settlement offer.

Are they allowed to do this?

[atticus]

Has the court set dates? If so, they cannot be ignored.

How does the offer compare with your claim?

Lastly, is the offer a Part 36 Offer?

[dslippy]

Being unable to find a document may be an effective answer to your request.

[Londonj2014]

Has the court set dates? If so, they cannot be ignored.

How does the offer compare with your claim?

Lastly, is the offer a Part 36 Offer?

The hearing is set for 6 days in November.

The offers have kept increasing, they started at 3K and are now at 35K.
The documents I want to be disclosed will show evidence of disability discrimination on the grounds of reasonable adjustment.

There has been no mention of Part 36

[Londonj2014]

Being unable to find a document may be an effective answer to your request.

I've asked for documents showing expenses that have been signed off. They would surely have to keep some record of expenses. The company is quite large

[atticus]

Is this case in the Employment Tribunal?

@ULA may be able to add something.

[Londonj2014]

Is this case in the Employment Tribunal?

@ULA may be able to add something.

The final hearing is in November.

@ULA???

[Londonj2014]

The final hearing is in November.

@ULA???

It's booked for 6 days

[atticus]

you have an interesting way of not answering questions.

ULA is another member here, with greater knowledge of employment cases than I have.

[ULA]

There are two issues here, one is the settlement offer and the other is the disclosure of documents.

1. On the settlement offer which has increased substantially, how does this compare with the value of the claim?
Is the offer something you are considering accepting?
Have they given a deadline for a response on the offer?

2. In terms of disclosure, you state that an expenses record will show evidence of disability discrimination on the grounds of reasonable adjustments. Is this the only evidence you are relying on to prove this?
Disclosure is an ongoing process even if the bundle has been exchanged.
Documents do get misplaced or lost and you may have to accept that ending up being the case. However what you could do is write to the respondent/there representative stating that disclosure is an ongoing process even if a settlement has been offered and that if there is no update in respect of the document you requested on xxx (insert date you requested and dates of any chasing requests) by (give 7 days) you will be making an application for disclosure to the Trubunal.