Tribunal exchanging documents

[ULA]

When is the date for the final bundle?

Sorry not sure I understand your last paragraph. What did you ask confirmation for as the response "no documented records of this" could be a legitimate answer to that request?

[Anna1962]

Would it be easier if I emailed you and redacted any names.

[ULA]

You can PM me but my reply back will be back on this thread

[ULA]

Anna1962 responding to your PM.

Thank you for confirming the date the bundle is due to be finalised. Do not worry if this slips, both parties can agree up to a 14 day slippage of a deadline without notification to the Tribunal so long as it does not affect everything being ready for a hearing.

So a witness for your husband is adamant and 100% confident that something exists (whatever that is) but the respondent has said no file found. My question would be what evidence can your witness produce that is does exist and if so then it should be in the bundle, if it is something relevant to the claim. To suddenly produce it at the hearing would be very unwise.

Not sure when you sent the email which included where the last audit proof could be found but I would give them around working days.

[ULA]

If they have stated "no documents found" then there is nothing that can be added into the bundle. Your husband's only other way to deal with this is via the witness statement.

[Anna1962]

Good morning, we are currently writing the statement, required to be ready no later than 22/06/2024, we are up to date of suspension, would we carry on right up to receiving the ET3 and addressing the errors throughout disciplinary process and on ET3.

[ULA]

Your husband's statement needs to cover, in chronological order, all the events that led to him making the claim which includes the disciplinary process.

If there are inaccuracies in the ET3, then he needs to address them at the appropriate chronological point in the statement.

[Anna1962]

Thank you so much, your help is giving me the confidence to carry this on, should we get a copy of the draft bundle so we can check. I have requested some more documents on the 03/05/2024 and have given them until the 10/05/2024. Bundle due 22/05/2024.

[ULA]

If the case management orders are stating the bundle should be agreed by 22 May then that is the day is should be finalised by. Your husband should have made sure that all the documents he is going to rely on have either been provided by him to the respondent to put into the bundle, or he has requested documents, if they are in the possession of the respondent, for them to add them to the bundle.

One you get the bundle if you still have issues with it, then your husband would need to immediately flag this to the other side.

[Anna1962]

Good morning Ula just a quick question, if we do need to request the tribunal to order the respondent to disclose, would we need to use any special wording.

[ULA]

Yes your husband would need to make an application for disclosure. This needs to set out what documents are required, what the relevance of them is to the claim and the efforts taken to get the respondent to disclose them.

The email to the Tribunal must be copied to the respondent. You also need to give them the option to object to the application by writing to the Tribunal.

[Benny8902]

Good morning Ula just a quick question, if we do need to request the tribunal to order the respondent to disclose, would we need to use any special wording.

CPR Rule 31 as well as Rule 31 of ET.

Some useful info

"is necessary for fairly disposing of proceedings Canadian Imperial Bank of Commerce v Beck [2009] IRLR 740). Santander UK plc and others v Bharaj UKEAT/0075/20 which gives some guidance Mhere these is a dispute about the relevance of documents. After quoting from Flood v Times Newspapers Ltd [2009] EMLR 18 at paragraph 23
'the question to be asked is whether they are likely to help one side

[ULA]

Anna1962 just for clarity on the post by the previous poster all rule 31 of the The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (I have linked to the full document below) allows is for a Judge to order disclosure of information, it does not means to say they will and it will depend on the strength of the application made.

https://www.legislation.gov.uk/uksi/2013/1237

CPR is short for Civil Procedure Rules and they sit alongside the specific rules for the ET. CPR 31 also set out information on disclosure, however I have summarised the relevant parts of both these rules as to what your husband needs to do in my post #41.

[Anna1962]

Good evening Ula they did not respond to us for our request for documents so we will be applying to the court for disclosure tomorrow. We are about half way through the statement and already on page 11 is there any guidelines on how long it should be. Many thanks

[ULA]

Unless the case management order has stipulated anything in terms of length then there are no guidelines on length.

Please find attached a guide I have written for help in writing witness statements and a template which I hope will be useful to your husband