Significant evidence placed in bundle without notification

[Elaneh]

We are dealing with very tricksy lawyers for respondents—didn’t make disclosure at all hoping to see what we first (because we had done FOI and got some evidence of the employers bad behaviour although we thiught they were still hiding things)

a battle has gone on for months as I am so stubborn and keep fighting for full disclosure. We suspect that they are doctoring evidence so will ask for the metrics. As the time goes on they find new documents never given to us in the DSAR process which just happen to sink each claim…

but the latest is really sneaky. They have sent 4 bundles for final bundles, thousands of pages in all, with many irrelevant pages. But one of these was randomly sent the day before I went on holiday . I have adhd as they know. It was randomly marked respondents disclosure bundle.

In the chaos of the many final bundles (all of which had a different page of our key evidence missing..chaos!) we find an email which would sink the victimisation claim as it contains a decision to dismiss the person before the final act. They did not notify us of this document

we were clearly intended to miss this…


so is it bad practice to put significant evidence into a bundle without notifying the unrepresented claimant?

(never mind all evidence is “discovered” months after the disclosure deadline …on going duty) it’s the non notification into a bundle we would like to understand

thank you

[ULA]

The process for creating a bundle will be directed by the Case Management Orders (CMO) typically there will be an exchange of document lists between both parties followed by the creation of the bundle of documents from that list. Typically the respondent will produce the bundle as they are normally represented.

A final bundle should be indexed, paginated and in chronological order at the time of exchange unless there has been last minute disclosures, in which case for ease of pagination they may be added at the end of the bundle. As you are probably aware there is an ongoing duty of disclosure up to and I have know of at the hearing.

All of the above said in my experience as iterations of the bundle is produced with documents added it is good practice to highlight in the index where new pages have been added and in any covering email state that new documents have been added (which may be from either party) giving the page reference numbers.