Disclosure

[Mark3482]

Also, my previous line manager has now come forward and offered to be a witness. He has told me about email exchanges he had with senior staff which are relevant. Can I request additional disclosure in the form of a DSAR for this, from the Respondent now?

[Mark3482]

Thank you for your valuable advice. Based on the detailed response provided by the Respondent stating searches made and specific systems, I believe that it best to concede this and withdraw my application for this specific order.

In regard to witness statements, are electronic signatures now acceptable on these documents?

[ULA]

If you feel that in this most recent correspondence to you and the description of the systems they have searched is reasonable and would have found the document that you believed to be in existence if it was, then you may need to concede that it does not exist.

However, if there are systems you feel they have not searched, where the document may be, then you may want to write to the respondent and ask them to search those specific systems.

The aim of the forum is to provide the best legal advice we can based on the information provided, ultimately though, you are the litigant in person and any decisions need to be made by you.

[Mark3482]

Thank you for all your help and advice thus far. Regarding my previous post on 25 June. I submitted a request to the Tribunal asking for an order to be made to produce the document. The Judge has not yet responded to this yet. However, the Respondent has replied saying that my previous employer has done another full search of all internal systems and they have no record of the offer of employment to the other person. They described the systems they checked and have asked me to now remove my request to the Tribunal or they will seek wasted costs against me. Should I accept that they are saying they have searched as much as possible and cancel my request for an order to be made or leave it and let the Tribunal/Court decide?

[ULA]

Within your witness statement (WS) you can refer to any document that is being placed in the hearing bundle, regardless of which party provided it.

[Mark3482]

The Respondent has submitted some documents within the disclosure that I’d also like to refer to. However, as it’s the other side submitting this, is it in order for me to also refer to it within my statement/evidence?

[ULA]

Firstly I would suggest you go back and set out to the respondent's representative that this document was requested as part of an SAR request and you were told it could not be provided under GDPR rules, therefore you know that it is in existence.

However as it is likely to have personal sensitive data in it, e.g. address, salary etc they will need to ask permission of that person and secondly if they agree it would need to have all of that pertinent information redacted.

[Mark3482]

Another question please. When I made a Subject Access Request in March 2023, to my previous employer, I specifically requested a copy of an offer of employment to a previous temporary employee. He was offered the post which I took but as a higher pay grade. My previous employer refused to provide this under GDPR rules. I requested it from the Respondent after formal proceedings started and they have replied stating that my previous employer can no longer find the document, which I don’t believe as it’s very relevant to showing unfair behaviour on there part. Shall I now make a formal request to the Tribunal Judge for an order to produce this?

[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.

[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]

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

[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]

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]

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]

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.