Respondent sent me a 'draft trial bundle index' without any of my requested documents

[stevemLS]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

Doesn't disclosure work in the same way as in any other jurisdiction?

Disclosure by list first then then other side indicates any documents they want to inspect/take copies of?

As you say, though, can't tell whether o/s has complied with Order until Order is seen.

(Employment tribunals are specialist courts and Employment Appeal Tribunal is a superior court of record (s20(3) Employment Tribunals Act 1996))

[krypton]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

Yes that would be correct, disclosure by list and then other side inspects or requests copies of.

In this instance the OP seems to be saying he is relying upon documents being forwarded by the defence as they form a substantive part of his evidence of the claim against them?

Forgive me, but if that is the expectation then the OP does need professional advice.

[stevemLS]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

Thanks for that Krypton, I was starting to think there must be some entirely different process in the ET.

In which case, it is obviously for the claimant to determine which of the o/s documents they want to include in the bundle and it may well be that something emerged during disclosure that is helpful to the claimant's cause - I would have thought they already had copies though from the earlier disclosure process.

[teaboy2]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

There is no difference, other than both sides most list all documents they have that have any relevance to the case regardless as to whether those documents with hinder or help their case/defense.

In other courts, its for the claimant to proof their case so you don't have to provide details of all documents you hold that may be relevant to the case. In employment tribunals its for the claimant to provide the facts and any evidence they have, and for the employer to prove otherwise. And parties have to disclose all documents that may be relevant in their list of documents they hold, whether requested by the other party or not. Though we all know they won't list documents not requested even if relevant to the case, unless it only helps their case!

But as stated, we have nothing to go on here to know what is exactly going on, until hellothanks gets back to me with copy of case summary and/or the order itself that he/she referred too.

[stevemLS]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

Just for the avoidance of doubt in all other jurisdictions, the duty of disclosure is exactly the same, full disclosure must be given - it has nothing to do with the burden of proof. In my experience, parties are thorough in that process and do disclose documents which do not assist their case. I have won cases previously on the strength of documents disclosed by the o/s.

[Kati]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

Just for the avoidance of doubt in all other jurisdictions, the duty of disclosure is exactly the same, full disclosure must be given - it has nothing to do with the burden of proof. In my experience, parties are thorough in that process and do disclose documents which do not assist their case. I have won cases previously on the strength of documents disclosed by the o/s.

if full disclosure must be given in all other jurisdictions then why not here??

[stevemLS]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

I'm not suggesting there shouldn't be full disclosure here Kati, teaboy was saying that there was a lower duty of disclosure in jurisdictions other than the ET.

In other courts, its for the claimant to proof their case so you don't have to provide details of all documents you hold that may be relevant to the case. In employment tribunals its for the claimant to provide the facts and any evidence they have, and for the employer to prove otherwise.


And I was trying to correct that mistaken impression.

[Kati]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

I'm not suggesting there shouldn't be full disclosure here Kati, teaboy was saying that there was a lower duty of disclosure in jurisdictions other than the ET.

In other courts, its for the claimant to proof their case so you don't have to provide details of all documents you hold that may be relevant to the case. In employment tribunals its for the claimant to provide the facts and any evidence they have, and for the employer to prove otherwise.


And I was trying to correct that mistaken impression.

I was just wondering if there was a notable difference

[stevemLS]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

It seems to me that the duty of disclosure is exactly the same - some of the posts had led me to wonder whether it was different in ETs, but it seems plain that the duty is precisely the same, which of course fits with the overriding objective which is common to all jurisdictions.

[Hellothanks]

Re: Respondent sent me a 'draft tria bundle index' without any of my requested docume

Lets get this correct. Are you saying you are expecting them to provide you with documents, as this is the evidence you need and are relying upon in order for you to present a sensible claim ?

I would kindly suggest that you seriously need to instruct a professional employment solicitor immediately.

I have been getting advice from volunteer employment solicitors. My unfair dismissal claim is good but at the moment its like my word against my employer's/ CEO's. However there are many things CEO have said that she hasn't really proved i.e. that she was instructed by Trustees to do this and that and that she has done a strategic review and the review showed my work is not needed etc. One of my argument is that these all are not true but because my witnesses have backed off, the only option i had is to ask for her to provide copies of her supposed strategic review and meetings with trustees where they had authorised my redundancy etc. I felt happy when the ET said I could request documents.

Of course, i know CEO wont provide these documents because they don't even exists and if they did they don't prove her arguments otherwise the CEO would have disclosed them in the first place. i asked for these as the only option for me, so that if she failed to provide them then I am thinking that discredit her arguments. But, if CEO can get away with not providing them to me then that just leave my word against her. Have a made myself clear?

[Hellothanks]

Re: Respondent sent me a 'draft tria bundle index' without any of my requested docume

Thanks for that Kati

[Hellothanks]

Re: Respondent sent me a 'draft tria bundle index' without any of my requested docume

Ok will do, but first I will need to scan the summary and then save on my computer to then attach to your PM. Is that what i need to do? If so, I will do that Monday morning as I don't have scanner at home and working tomorrow. I hope that's OK. Thanks a lot for offering to see summary and Order for me, that would be great help...in case i am misinterpreting anything...thanks a lot.

[stevemLS]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

If you want to copy me in, fine, between us Kati and I will be able to assist I'm sure

[Hellothanks]

Re: Respondent sent me a 'draft trial bundle index' without any of my requested docum

OK will do, thanks

[Amethyst]

Re: Respondent sent me a 'draft tria bundle index' without any of my requested docume

You may not be able to send an attachment by PM. If you want to post it up then that's fine, but remove your personal details first. It would of course assist those trying to help you through this to see the documents you have had.