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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I am currently preparing my witness statement for a tribunal

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I am currently preparing my witness statement for a tribunal that is due on 5 Sept. I have applied to the tribunal for a disclosure order on some documents that the Respondent is holding back. So far I have heard nothing from the tribunal (2 weeks has passed). These documents for a key and central part of my statement - do I progress assuming I will get them or do I wait and if so do I ask the tribunal for a delay until they come to a decision on the disclosure?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You may try contacting the tribunal straight away and chasing up the application with them. You may also write a letter and send it to them by email/fax, marked urgent (stating the date of tribunal to highlight the urgency), reminding them of the application and asking that they make an unless order that unless they disclose these documents before the tribunal is due their case be struck out. If you still hear nothing proceed as normal and raise this issue first thing at the tribunal


I think the problem at the moment is the tribunal rather than the Respondent. I have applied for an order but have heard nothing back. I have written again saying it is urgently required. My problem is that so much of my statement rides on the disclosure of these documents, that if I do not have them prior to the 5 Sept, my case (in terms of what I have put in my witness statement) will be weakened.

Ben Jones :

yes I understand but forcing the tribunal to act before the date of the hearing is not always possible and all you can do is keep pushing them, trying to make contact as best as possible and if you hear nothing, still attend the hearing but raise this issue at the beginning hearing and try to resolve this there and then, it could be that a postponement is ordered or that the respondent is made to produce these documents immediately (i.e. they could have them faxed over to the tribunal and available for later in the day)


okay thanks Ben.

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