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Suppression of Documents even after Specific Disclosure Order

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  • Suppression of Documents even after Specific Disclosure Order

    I am currently in the employment tribunal where I have a claim against my ex-employer for whistleblowing.
    The employer interviewed several people at the company over this allegation and wrote several reports. I have asked for a specific disclosure order to obtain these reports and the judge granted this, yet the company are 1) denying they exist and 2) are refusing to hand anything over. They are using manipulative words to get around the order.
    If the company are adamant against the judge’s order into handing anything over what is it that I can do? Any advice greatly appreciated.
    Tags: None

  • #2
    Did the judge in the Order give a specific date the documents needed to be disclosed by?

    What type of wording are they using?

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    • #3
      thanks for the reply. Yes the judge gave a date and then the Respondent answered and dodged the Order with a sleight of hand. The Judge then had to go back to the Respondent after I pointed this out. The Respondent then came back again and did not answer the Order but again used the sleight of hand. Even the judge feels that they are misleading the court and are lying. The issue I am having is that I need the documents that the Respondent is suppressing to use to amend my claims. Without these documents then amending the claim will be difficult. The judge has already granted one extension to the deadline to amend the claims because of the Respondent failing to answer the order. Now that they have continued to not answer the order, it is hindering me amending my claims. What would be the best advice here? I cant really go into the actual wording of the order. Can I simply not amend my claims and ask the judge to intervene again? I believe the whole case will come down to what it is the Respondent is suppressing.

      The case is about whistleblowing and the fact that I believe someone at my former company took a bribe to get a certain CEO / company invested in. My former employer are failing to provide any type of investigation report into the person who I accused of taking of bribe, and they are trying to have the court believe that no one from the employer even interviewed / investigated the person who I believe took a bribe and reported.

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      • #4
        What you can do is ask the Judge to consider is to issue an Unless Order which means that if the respondent does not comply, then their defence can be struck out.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thanks for the suggestion. I did ask the judge for this to be done but this is still waiting on the Judge's decision. The pressing thing I have is the amendments to my claim. The respondent is refusing to hand over the documents and I need the documents to amend my claim. so can the respondent just do this? does the tribunal have any tools they can use if the respondent is deliberately lying and suppressing documents? this is the frustrating thing. can I get a hearing to put the respondent under oath and ask direct questions to?

          Comment


          • #6
            If you have already asked the Judge for an Unless Order then you need to wait for the decision as frustrating as this is.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment

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