The Employment Tribunal Process: Disclosure of Evidence

The Employment Law & HR Podcast

In this episode 194 of the podcast I bring you the fourth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.

This 4th episode is about the process of disclosure where you are required to share the evidence you have with the other party. In this episode I cover:

• Your legal obligation to provide documents that support and undermine your case.
• Why you have to provide documents that may help the other party’s case.
• How to prepare and where you need to check for evidence.
• The type of evidence that you will typically have.
• How to prepare the list of documents.
• What you should do about redacting documents.
• Whether you need to disclose confidential or commercially sensitive information.
• What you need to do if documents are missing from the other party’s list of evidence.
• Why you need to avoid a ‘fishing expedition’ in the disclosure process.
• What you should do about recordings of audio or video.
• What you should consider in regards to covert recordings.
• How to prepare the index for the final bundle of evidence.
• What evidence to include in the bundle for the final hearing.
• What to do if there is a dispute about the evidence to include in the final bundle for the hearing.

Free Template List : https://realemploymentlawadvice.co.uk/product/list-of-evidence-template-disclosure-in-the-employment-tribunal/

Links you may find helpful:

Preliminary Hearing in the Employment Tribunal

Defending a claim in the Employment Tribunal

What are the consequences of failing to comply with an Employment Tribunal Case Management Order?

Making an Employment Tribunal claim against your Employer

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.