Employment tribunal query.

[MrsC22]

Good evening,

I have previously posted about my DH’s ongoing employment tribunal.

We have submitted our list of documents and received the Respondent’s list of documents. This was followed up with the bundle of documents from the Respondent’s solicitor.

My query relates to two things

A) Some of the documents they have provided are different from the originals provided to DH (the invitation to investigation meeting and confirmation of summary dismissal have been amended). Can DH insist that his copies are included alongside as this proves they have amended the documents in their favour? Should DH let the court know?

B) Are we able to request documents that have referred to but not included, such as emails sent on specified dates?

Apologies for the questions but DH is self representing and we don’t want to miss any steps.

Thank you in advance.

There should be no problem getting the bundle amended. Your husband should contact their solicitor and ask them to add the documents. They should add them unless there is good reason not to do so (e.g. they are irrelevant). There is no need to notify the court.

If it is very close to the deadline for submitting the bundle or the other side won't co-operate your husband may need to submit a supplementary bundle containing the additional documents. However, he should only do this as a last resort. Having a supplementary bundle makes it harder to follow so the tribunal would prefer a single bundle containing everything.

Make sure he doesn't ask for irrelevant documents. The tribunal will not be happy if the bundle is inflated with a load of documents that don't add anything to the case.

Yes to both of your questions.

You can ask for copies of emails referred to even if they don't end up in the bundle.

Wonderful, thank you both for your replies. Funny you should mention the tribunal looking unfavourably upon documents used to inflate the bundle as the Respondent has done just that. They also provided amended versions of the investigation meeting invite letter, disciplinary meeting invite letter and confirmation of dismissal letter, I'm guessing they were hoping we wouldn't notice.