Bundle issues

[FlamingJayne]

Hi all

I am being represented at an upcoming ET hearing. Without going into detail, it is for Discrimination. My legal rep is brilliant and very supportive.
We have had repeated issues and bad behaviour from the respondent's side right through this process (and what caused it), the latest being with the bundle. Substantial delays, claims that documents they produced (which we want for our (blatant) evidence) were not available (we swiftly produced copies that we had). The draft version was sent out last week and received in my rep's temporary absence. The documents that we had to resend are there, however the respondent has now not included a number of other documents that I had gathered and submitted as (more blatant) evidence. I have immediately flagged this with my rep's support in their absence and I believe that they are getting advice on the best course of action. I am expecting to hear back from them, or my rep when they return very soon. I am fully aware that things like this happen with bundles; the delays with it have been substantial and it leaves us with very little time to address this matter and and get statements and everything completed and submitted to the tribunal. This whole matter has gone on in excess of 3 years now, the impact on my mental health has been substantial but I want to see it through to the end with the brilliant support that I have. This latest matter has really increased my anxiety. I obviously still have copies of said documents and, if need be, will bring them along with me to the hearing. I really don't want to keep trying to get updates from my legal rep's support, who are doing all they can (and I will go with my rep's advice as I always do) but I thought that some objective advice on what the available options are in events like this would be helpful.

[ULA]

I appreciate that the ET process is long and stressful and issues with bundles is a common occurrence between parties. Judges prefer that parties get to an agreed bundle and if there are disputes about documents being included, then ideally this should be between the parties to resolve. Any application to the ET on this subject should be a last resort.

Although you will go with your legal reps advise, my view would be that the first course of action would be to go back to the respondent asking why the documents previously submitted by you for the bundle have not been included and ask them to ensure that they are included. It may well be a good idea to emphasis the point that these are documents you will be referring to and therefore the Tribunal will need sight of them. Hopefully that will achieve the desired result.

If not and there is continual refusal to have them added, then you may either need to make an application or consider creating a Claimant's bundle (no doubt your legal rep will advise) which will need to be submitted to the ET and the other side in the same timescale as the Case Management Orders state the main bundle needs to be provided in advance of the final hearing. Final choice is to take them to the hearing and at the start of the first day ask for them to be submitted explaining why they have not previously made it to the bundle.