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SuperJon

Employment Tribunal - employers trying to add evidence after deadline.

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Hi there fellow CAGgers,

 

Some really quick advice would be appreciated from any of you that have knowledge or experience of the following.

 

I am going through an ET regarding disability discrimination that I was subjected to from my line manager(who now, strangely, has been made redundant :o?).

 

We are past the deadline from bundle collation as I've asked my employers on numerous occasions for a document that is crucial to the case - I've been told that the Companies archive system is difficult to use and they can't find it! I've persisted regardless as I am suspicious why they couldn't recover this.

 

Anyway, as far as I was concerned, everything was in order apart from this BUT this morning their legal eagle has sent through an amended bundle with new evidence that they have added which I do not agree they should use at this late stage.

 

What can I do as I feel they are being very trixy?

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Hi there,

 

I cant really advise as I dont know the proper proceedure all I can advise is that if you havent got all the info you need for a full and equitable hearing put in a subject access request as soon as possible. And bring up the fact that the respondent has not disclosed all the necessary information to the judge if you get to the hearing without your vital piece of evidence.

 

As to the respondent putting in new info I think the deadline is 7 days before the hearing however i am probably wrong, can someone else on here advise accordingly.

 

All I can say is make sure you have full disclosure and if not point this out and could be useful at a later stage if you cant get what you need before the ET hearing.

 

best of luck and merry crimbo

 

BB

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I've spoke about this with the legal advice team in work. I was told the magistrates are super strict on those deadlines but the employment tribunal are not. They probably will be allowed to submit late. Sort of defeats the purpose of having those rules in place but there we are.

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The parties are under an obligation of continuing disclosure, so they have behaved correctly.

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SuperJon, if you do not agree that a document they ave included should be in the bundle, you can request that it be put in a separate "disputed documents" bundle. This can then be argued in front of the tribunal before the case starts as to whether the document should be permitted. For example, it might be legally privileged. Simply saying that it was "late", probably would not be an adequate argument.

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SuperJon, if you do not agree that a document they ave included should be in the bundle, you can request that it be put in a separate "disputed documents" bundle. This can then be argued in front of the tribunal before the case starts as to whether the document should be permitted. For example, it might be legally privileged. Simply saying that it was "late", probably would not be an adequate argument.

 

Thanks everyone - I think I will ask them to do this and put this in a disputed bundle but, as it came in so late(on the day witness statements were due), I've had to change mine to take account of this evidence and I don't want to get the can for this by the Tribunal Judge. Should I at least tell the Tribunal Office that this has happened and explain upfront why my witness statement is now late?

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The parties are under an obligation of continuing disclosure, so they have behaved correctly.

 

Hi Becky

 

I refer to your point the duty of ongoing disclosure....what happens if the Respondents do the opposite and do not comply with this duty of disclosure and withold evidence which materially and adversely affects their own case?

 

Kregards

 

BB

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Hi Becky

 

I refer to your point the duty of ongoing disclosure....what happens if the Respondents do the opposite and do not comply with this duty of disclosure and withold evidence which materially and adversely affects their own case?

 

Kregards

 

BB

 

Then you apply to the Tribunal for an Order for specific disclosure. If it comes out in evidence they have withheld documents, the tribunal holds an incredibly dim view on this, so worth making an application beforehand.

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Ah,

 

this is reassuring with hindsight, next thing is what if it comes out in evidence AFTER the tribunal that the Respondent has witheld documents and there is still time for appeal. Do tribunals then take a dim view on the claimant for not having sought specific disclosure in the first instance?

 

Kregards

 

BB

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The honest answer is I don't know - I've never come across that before. If you were initially unreprssented (although from memory I think you had a solicitor?) then they are usually more lenient.

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