Managing a Disclosure Exercise
- Duration
- 13 minutes
- Format
- Video
Written by Julia Gidney · former leading employment lawyer.
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▸ Read the video transcript
The Tribunal disclosure exercise begins with a Tribunal Order given early in the proceedings, usually shortly after the respondent's ET 3 has been filed.
It directs each party to disclose the documents they have, that are relevant to the issues, to the other side.
This procedural step shapes the Tribunal bundle of documents, the witness statements and ultimately, the evidence that is given at the hearing itself. It directly influences the case outcome and it's important to get disclosure right.
In this video, we'll walk through all aspects of the disclosure exercise.
We'll consider what counts as a 'document', how you handle 'privileged' content, or sensitive content that must be 'redacted', which is when content has to be removed or obscured.
And we'll explore how to respond when the other side doesn't cooperate.
By the end of the video, you'll know what to do, and when, and there's a downloadable disclosure template to help you to make a start.
Thanks for watching.
What This Video Guidance Covers
Know exactly what documents you're required to disclose, how to organise them, and the common mistakes that catch people out at this stage.
Content includes:
- 1 What disclosure is
- 2 Where it fits in to the Tribunal timetable
- 3 What counts as a 'document'
- 4 How to carry out disclosure - step by step
- 5 How to handle a failure to cooperate
- 6 When and why documents might be privileged
- 7 When and why documents may be 'without prejudice'
- 8 Handling confidential or commercially sensitive documents
- 9 When to ask the Tribunal to intervene
Good to Know
Who is this video for?
Anyone with an Employment Tribunal claim in England & Wales who has received directions from the Tribunal to disclose documents, or who wants to understand the process before those directions arrive.
What's included?
A 13-minute video explaining what disclosure is, where it fits in the Tribunal timetable, what counts as a “document” (it's much more than emails and letters) and how to carry out the exercise step by step. It covers the most common disagreements: the other side not cooperating, documents being withheld as privileged, without prejudice, confidential or commercially sensitive, and what you can ask the Tribunal to do about them.
What templates come with it?
A downloadable sample List of Documents, so you can see how one is laid out and use it as a starting point for your own.
Do I have to disclose documents that harm my case?
Yes. The video explains why, and what can happen if you don't.
What if the other side won't disclose anything?
This happens more often than you'd think. The video explains the steps you can take, and what the Tribunal can do to help.
Is it up to date?
Employment law, the Acas Code and Tribunal rules change regularly. We monitor these changes closely and update our videos when they happen. If we update this video, the new version appears in your personal video dashboard automatically, at no extra cost.
How long will I have access?
Employment Tribunal cases can take a long time to reach a hearing, so your video stays available to you for 24 months. If you need longer, just email us at info@wdidi.org and we'll extend it for you. We want you to have our guidance for as long as you need it.
Is this legal advice?
No. None of our guidance is legal advice. If you need advice on your own case, please contact a solicitor or other qualified representative. The Law Society's Find a Solicitor service is a good place to start — or your local Citizens Advice if cost is a concern.
Anything else?
More questions? Our full FAQ is here.
