ET disclosures - debate between parties 'what information is relevant'?

[SuperJon]

Hi there,

 

I am 'disclosure' time for my Tribunal however, in September I agreed to try mediation which hasn't worked as it took months between my initial mediation meeting and a response(which really didn't move things on) from the Respondent(my employer).

 

I was advised by both a employment lawyer that a had an informal chat with, the CAB and my ACAS representative that this delay was too long and could be taken as a way to delay or derail the Tribunal process.

 

I now, based on this advice, would like to include this in the disclosures but the Respondent's solicitor is arguing this as he claims this is privileged information(although I'm not asking for the notes of the mediation to be included just the process and the delay as I agree they are privileged) and has 'no relevance to the case'.

 

If any of you have any insight or experience of such matters then I'd really welcome your comments.

 

Thanks as always.

[becky2585]

Hello

 

What sort of mediation was it?

 

Usually any attempts to settle or mediate are indeed privileged and not discloseable, but there could be exceptions to this. It's impossible to say though without knowing the circumstances!

[SuperJon]

Hi Becky,

 

Thanks for your response.

 

Mediation was offered once I had applied to the Tribunal and the case was passed to the Respondent's lawyer. I was also given a Employee Relations Advisor who managed the mediation process.

 

I am not wanting to disclose any notes regarding the conversations in the mediation meetings; just the process which was extremely protracted and certainly way above what I have been to is 'the norm' if there is such a thing. The respondent has not been able to provide a response to my questions why it has taken so long and, with the pressure of the Tribunal orders coming up, that makes me suspicious and I think that's the point of view shared by others I've spoken to who should hopefully speak from some sort of experience. It's probably something I cannot prove but that is the point really - everything still seems stacked in the employers favour!