Disclosure in employment tribunal proceedings

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Disclosure in employment tribunal proceedings
  • What disclosure is
  • What must be disclosed
  • Standard disclosure
  • Specific disclosure
  • Voluntary disclosure
  • Other principles
  • Legal professional privilege
  • For further information, see:
  • Procedure
  • More...

Disclosure in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

The employment tribunal has power to order disclosure of documents against a party to the proceedings under its general case management powers (see Practice Note: Employment tribunal case management). There is no geographical restriction on an employment tribunal’s power to order disclosure against a party to the proceedings, ie it can order a party to disclose documents irrespective of whether or not that person is in Great Britain.

In relation to non-parties, the employment tribunal has the power to order any person in Great Britain to:

  1. disclose documents or information to a party to proceedings (by providing copies or otherwise)

  2. allow a party to inspect such material

An order for disclosure may be made against any person, even a company in administration where a stay in proceedings against that company has automatically come into effect (see Practice Note: The moratorium in administration).

The tribunal's power to make an order for disclosure is the same as the power county courts have to order disclosure under the Civil

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