Relevant documents and preparing list of documents
The documents you present to the Employment Tribunal are important, as they will explain your defence to the claims against you. Usually the Tribunal will order each party to prepare and supply a list of all its relevant documents to the other party. This is called disclosure. It is an important part of the process as it also allows us to evaluate the claims against you. If the Tribunal does not order disclosure of its own initiative, the parties should seek to agree mutual disclosure, or ask the Tribunal to make an order for disclosure.
A relevant document is one that relates to any of the issues which are to be decided by an Employment Tribunal. All relevant documents must be disclosed - both those that are helpful to your case and those that are harmful to it. Failing to disclose a relevant document will be in breach of any order for disclosure, which could result in the defence being struck out in whole or in part, and an order for costs.