Disclosure in employment tribunal proceedings
Disclosure in employment tribunal proceedings

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

  • Disclosure in employment tribunal proceedings
  • What disclosure is
  • What must be disclosed
  • Other principles
  • Legal professional privilege
  • For further information, see:
  • Procedure
  • Use of disclosed information

The employment tribunal has the power to order any person in Great Britain (including, of course, but not limited to, persons who are a party to the proceedings) to:

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

  2. allow a party to inspect such material

Such an order 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 such an order is the same as the power county courts have to order disclosure under the Civil Procedure Rules (CPR).

In this context document means anything in which information of any description is recorded. It therefore extends from paper documents through to electronically stored information ('electronic documents' or 'e-documents') including, but not limited to, emails, voicemails, text messaging, video files, etc.

A failure to comply with an order for disclosure is a criminal offence and will make that person liable to pay a fine.

The other usual sanctions for failing to comply with a case management order also apply (see Practice Note: Employment tribunal case management—Failure to comply with an order or rule: the consequences).

A refusal to comply with an order for disclosure can amount to a contempt of court which has a criminal sanction and