Disclosure of documents

[snixonuk]

Hi,

I have an ET trial in November 2017.
The respondent has been ordered to put the bundle together.

As part of their disclosures they had attached by accident signed witness statements.

Witness statements were officially exchanged 2 weeks later.
The statements were completely different, which is fine.
However, I have requested that the first statements are to be included as part of 'relevant new documents' for my disclosures. The respondent has refused.

Please can someone tell me if I can use them as my disclosures? Material in them is extremely relevant in helping my case to be successful.

[ETFarce]

Re: Disclosure of documents

The Respondent has no authority to decide which of your evidence does or does not go into the bundle. If they have issues with any documents you wish to include then they should follow tribunal procedure and take it up with the tribunal Judge beforehand. If they continue to refuse inclusion of your documents then you must complain in writing directly to the tribunal Judge. Dont let the Respondent drag this issue out because if these documents support your case and are not brought to the Judge's attention before or during the tribunal, you will lose any chance of using them; you wont be able to use them in an appeal if it goes that far as the documents will not be considered new evidence because their existence was known by all party's prior to the tribunal.

This is my opinion from experience of employment tribunal.

[snixonuk]

Re: Disclosure of documents

Thank you for replying.
I was hoping that was the case.

[ETFarce]

Re: Disclosure of documents

The Respondent will try all kinds of arguments not to include them. To save time and to get a final answer on the issue, let the Judge decide.

[snixonuk]

Re: Disclosure of documents

Thank you, really appreciated.