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Ben Jones
Ben Jones, UK Lawyer
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I have made a claim to an Employment Tribunal

Resolved Question:

I have made a claim to an Employment Tribunal for constructive unfair dismissal. I wish to see documents that I believe are crucial to my ET claim that have already been given to me as part of a subject access request but in a heavily redacted form. How and when do I need to ask the respondent to disclose these documents?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
On what basis are you hoping to get the unredacted version?
Customer: replied 1 year ago.

The names of the sender and recipient on emails have been redacted. My claim includes a protected disclosure made to my union about phone hacking and a cover up. The emails are from someone in the union to the company and include information related to the protected disclosure. The identity of the sender and recipient are therefore pertinent to the collusion and cover up and the harassment of me that followed.

Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to look into your query as it is more my area of law.
When you have a tribunal claim, part of the process leading up to the hearing would be a disclosure by both parties. During that, you would both be required to disclose to each other documents which are in your possession and are relevant to the claim. So the employer would have a duty to disclose these if they are relevant to the issues at hand.
Before this you are also likely to have a case management discussion where the tribunal discusses the way the claim is managed and can issue instructions on what each party should do in the build up. At that hearing you can raise the issue of the document disclosure and make the tribunal aware of the existence of these documents and that you expect the other party to disclose them in the disclosure process.
If they try the same trick and disclose them redacted as in the subject access request, you could then make a formal request with the tribunal to issue an order that they are disclosed unredacted, or that specific redactions are removed. You can only really do that once you know what the original disclosure is and if you believe it is insufficient. So it would happen once the initial disclosure process has completed and you have all the documents which the employer has disclosed. Then you can make an assessment of whether this is acceptable or if you would then involve the tribunal and make a formal request to them to order the further disclosure of the specific documents you need.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45379
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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