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Can i redact documents that I provide, as a Claimant, to the…

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Hello, can i redact...

Hello, can i redact documents that I provide, as a Claimant, to the Tribunal. Especially this relates to medical records where (1) my name should be anonymised and or (2) medical issues unrelated to the case should be anonymised. In this situation, I have been provided right to anonymity by the Tribunal judge in preliminaries. Thanks

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Submitted: 3 months ago.Category: UK Law
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Customer reply replied 3 months ago
Additionally, and alternatively, could you comment on confidentiality provisions around disclosure as it relates to Employment Tribunals / Employment Act. Thanks
Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
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4/3/2018
Solicitor: Ben Jones, UK Lawyer replied 3 months ago
Ben Jones
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 3 months ago

So just to clarify, the judge has allowed you to anonymise these?

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Customer reply replied 3 months ago
please take what I have written to be fact.
Solicitor: Ben Jones, UK Lawyer replied 3 months ago

ok and why would removing your name from the documents change anything - after all they know who you are as you are the claimant?

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Customer reply replied 3 months ago
Please explain how your question is relevant to the situation? This is an employment tribunal. I must disclose medical records. They can be anonymised, alongside court notifications; that is not unusual. That means that whoever is present in public court does not know the name of Claimant.
3. What recourse can i state "this doc is confidential' and show to the Tribunal on the Final Hearing day for them to decide whether it is or is not publicly disclosable? i.e. i don't need to put in bundle
2., 1. previously stated questions. ie. a partial redaction rather than full divergence from bundle.
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
JimLawyer
JimLawyer, Senior Associate & Consultant
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Hello, thanks for the question - I will review and reply shortly
J
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Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Hello again,If the Tribunal judge has so ordered that details can be redacted for anonymity, you use a black marker to strike through the sections which are to be redacted. It would be non-relevant details in the records. Your name can be changed to an initial for the purposes of the proceedings too. You can argue that only relevant medical records be included within the bundle and you can request that the ones which are not relevant are taken out and not disclosed prior to the hearing. Would you like me to assist with the redactions?
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Customer reply replied 3 months ago
Thanks, ***** ***** is more useful. One sentence is quite compact. Please can you break this down: "You can argue that only relevant medical records be included within the bundle and you can request that the ones which are not relevant are taken out and not disclosed prior to the hearing".
b) Irrespective of (a), does taken out mean it goes to the bundle but I don't have to disclose to the Respondent
a) Does no disclose mean that I don't have to release to the Respondent's solicitor, who is managing the bundle.
c) What does relevant mean? If I, for example, have a comment which is a Medical Administrator Support comment and choose to redact it before sending to the Respondent's solicitor is that okay, and, how do I persuade the Tribunal this is okay such that I am not in breach of their Order, when the Respondent complains.Kind regards,
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago

Hello again,

There may be issues with medical records, where a party does not wish those to be disclosed, those can be dealt with at a Case Management Discussion hearing (CMD) - presume this has happened already as the Judge agreed to redacting details in your case - and the Employment Tribunal Judge may order that only certain excerpts have to be disclosed (which are relevant to the issues in the case) and that others should be redacted. For example, records relating to stress would be relevant however one relating to birth of a child would not.

You can say to the Respondent's solicitor that you object to all the records being disclosed as they are irrelevant and therefore you want them redacted - you can redact them yourself.

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Customer reply replied 3 months ago
Cool, thanks for your help. It's fairly prosaic but really good to have your advice on what is reasonable to ask for.
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Not a problem, more than happy to help. If you could leave a rating that would be greatBest wishesJ
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