Help with disclosure

[bennh]

Hi everyone

 

I'm hoping we could have a discussion about disclosure.

 

Basically, can we share experiences and thoughts on the disclosure process? How much pressure and influence have claimants used, or had to use, to get the respondent to release the documents in their possession?

 

What would be your understanding of how much a respondent can rely on the reason of disproportionate effort when it comes to not disclosing requested documents or relevant information?

 

What are the difficulties faced, and overcome, when respondents have declined to disclose emails and HR reports not covered by privilege but which they argue as "confidential" or "business sensitive"?

 

In my case, the respondent has disclosed all of the straightforward stuff - letters sent to me, notes I have already of meetings, copies of documents I have sent them. I am in the process of sending a list to their solicitor of documents & information that I want them to disclose.

 

The respondent is a large corporation. CMD was 6 weeks ago. The CMD order regarding disclosure had its deadline last week. It's 3 months before the case goes to tribunal.

 

Hope you can help.

[Sidewinder]

Without knowing more precisely what type of documents you are asking for, one has to ask two things:-

 

Do you know or believe that the documents exist?

 

Are they relevant to the case?

 

What I mean by that is - are you asking for specific documents, or have you asked for discovery of 'all relevant material' in the hope that something turns up which will help your case but damage their defence?

 

If you know or strongly believe that a document exists (and it sounds as if you do, otherwise why would the employer be refusing the request on grounds of confidentiality?), then you can insist and ultimately ask the Judge to order disclosure. The Judge will then make an assessment of the extent that the document is relevant, and if it is, will order its release either in full, or in an edited form to remove any confidential information not relevant to the case. The employer cannot hide behind confidentiality or the Data Protection Act, only legal privilege where appropriate.

 

So - if you know what you want, point out that it has not been disclosed, be specific in what you ask for and if not provided, ask the Judge to order disclosure.

[Dam1on]

I had a similar issue with getting docs included in the bundle. I either got silence or a denial that documents exist. On the third time of asking I copied the tribunal court in on the string of email correspondance between me and the respondant's solicitor and this seemed to focus their attention. Not all docs were forthcoming but most were and I got a written record from the respondant stating that other documents didn't exist.