Disclosure

[Mark3482]

I’m acting as my own solicitor in an Equal
Pay and Constructive Dismissal employment tribunal. I need to submit my disclosure and list of documents to the Respondent. Can someone please tell me if I only submit the list of documents or if I need to submit all the actual documents and papers as well?

[ULA]

It will depend on the Orders, sometimes I have seen that the first exchange is the bundle index so both parties can agree the content of the bundle and then a further date for exchanging the documents for the bundle production, usually the responsibility of the respondent.

Other Orders do not include the first stage (index only) and just have exchange the documents with the index.

[Mark3482]

Thank you, this is where I’m getting slightly confused as the exact text within the Case Management Order states, “The parties are ordered to give mutual disclosure of documents relevant to the
issues identified below providing a list and copies of all documents within it”. So, does this mean just provide a disclosure list document or provide all the documents as well please?

[ULA]

Thank for setting out what was in the Order. So clearly the Order has set out the identified issues of the claim and you and the respondent are being asked to provide all the relevant documents that you each have in respect of those issues.

So this is an index (list) and copies of all the documents exchange from the wording you have set out.

Hope that makes is all less confusing but just come back to this thread if you have any further questions, even as your case progresses.

[Mark3482]

I have now submitted my disclosure, thanks for your advice. I have received additional disclosure from the Respondent which shows a Job Evaluation Study (JES) was conducted for my previous post, by my previous employer, 14 months after I left. A JES was never conducted whilst I was employed and this is one of my arguments
of unfairness. Also, the person who conducted the JES has also been called as a witness by the Respondent, prior to them conducting the JES. Can I object to these new JES documents being disclosed? It seems unfair and bias that they conducted a review of my previous role 14 months after I left, and after they had been informed that I was pursuing a civil claim / employment tribunal against them. As my previous employer was aware of this prior to completing a JES, they could easily have graded the role lower because they were aware of the claim I was pursuing.

[ULA]

Are these JES documents dated as clearly completed after you have left their employment?

[Mark3482]

The actual documents aren’t dated but the email from the Respondents solicitor says “The additional disclosure has arisen as consequence of the JEGS review of two posts on 05/06/2024.” So I have confirmation in writing of the date of the JES.

[ULA]

You could push back on the respondent and ask about the relevance of documents prepared well after the end of your employment in respect of the claim you have made.

If they still insist on the documents being in the bundle then you can always deal with them as part of your witness statement.