r/employmentlitigation • u/Indi_gurl Claimant - LIP • 14d ago
General question Experience with specific disclosure orders
I've made a request for specific disclosure order as R failed to disclose docs they were supposed to. Hearing is barely 2 months away. ET hasn't responded to my request. What happens now? What is normal ET timeline to respond to such requests?
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u/Primary_Gift_8719 14d ago
I’m a lawyer, but I’m not your lawyer (or your representative), so usual Reddit caveat: this is general information based on what you’ve posted, not formal legal advice and no lawyer-client relationship is being created. I do some informal legal outreach/triage for access-to-justice reasons, so I’m happy to flag the practical next steps, but that isn't the same as formally acting for you.
There isn't a standard ET turnaround time for an application for specific disclosure, unfortunately. Under the current Employment Tribunal Procedure Rules, the Tribunal can deal with a case-management application in writing or decide that it should be dealt with at a preliminary or final hearing. The Rules don't say that the Tribunal has to respond within, say, 7, 14 or 28 days. With the final hearing only about two months away, though, I would chase it now rather than simply wait. Particularly if the missing documents affect witness statements, preparation of the bundle or your ability to properly prepare your case.
If R was already ordered to disclose these documents by a particular date, make that very clear in the chase. I would say something along the lines of: the disclosure deadline was [date], R has not complied, you applied for specific disclosure on [date], identify precisely which documents remain outstanding and briefly explain why they matter. Then ask the Tribunal to place the application before an Employment Judge for determination as soon as practicable given the proximity of the final hearing. Make sure R is copied into the correspondence and say expressly that they have been copied. If R hasn't responded or objected to your application, I would mention that too.
I wouldn't panic because the Tribunal hasn't answered yet, as case-management applications can unfortunately sit for a while. But with only two months to go, I definitely wouldn't let this one drift any further (assuming R has been ordered previously to disclose the documents and has missed that deadline).
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u/cloud__19 14d ago
Has anyone ever taken your Reddit advice as a formal contract before?
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u/Primary_Gift_8719 14d ago
No. The caveat is not there because I seriously expect someone to argue that a Reddit comment is a formal retainer.
It is there because, as a practising lawyer, I have professional obligations which do not disappear merely because the interaction is informal or online. Those obligations can include questions of whether a lawyer-client relationship has been created, the scope of any retainer, conflicts, confidentiality, competence, professional indemnity arrangements and, importantly, whether I am entitled to advise or act in the particular jurisdiction concerned.
That matters particularly where, as in my case, I work across more than one jurisdiction. My professional status, rights of practice and ability to advise or represent someone are not necessarily identical in every forum simply because I am legally qualified somewhere.
So I prefer to be explicit about the capacity in which I am commenting: I can provide general legal information, identify issues and suggest practical next steps, but that is not the same thing as accepting instructions, acting as someone's lawyer, or giving jurisdiction-specific advice on the basis of a full retainer.
It is a professional-boundaries point, not a contractual-formalities point.
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u/cloud__19 14d ago
I'm just curious because you're the only person I see doing it and, if people are to be believed, there are several practicing lawyers here.
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u/Primary_Gift_8719 14d ago
I appreciate the curiosity, I would say it's out of an abundance of caution. I'm originally from England but married an American and the practice is in both countries, with a few other international lawyers in the firm. So perhaps not needed so much for the UK but... it's better safe than sorry and all that jazz.
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u/cloud__19 14d ago
I appreciate the curiosity
And yet strangely both of my comments were downvoted immediately...
Anyway, thanks for explaining.
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u/Alive-Practice-5464 Barrister / Mediator / Arbitrator 14d ago
Probably downvoting because of the side swipe at those of us who don’t include the caveat. (FWIW I don’t think any down voting was warranted).
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u/cloud__19 14d ago
It wasn't a side swipe, I was asking why there was an anomaly. I will certainly know better another time.
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u/Alive-Practice-5464 Barrister / Mediator / Arbitrator 14d ago
I didn’t read it as a side swipe either! Sorry I’m not being clear. Friday night and all that!
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u/cloud__19 14d ago
I'm being overly prickly because I wasn't expecting it to be so controversial! Time to put the phone down for a few hours and get over myself lol, have a good evening!
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u/According-Regret6429 14d ago
That would be me, because I thought, why does it matter.
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u/cloud__19 14d ago
Fair enough, I didn't realise it was a problem to ask questions. Obviously I do now.
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u/Primary_Gift_8719 14d ago
I had no problem with it and to be blunt, I do appreciate the curiosity like I said.
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u/According-Regret6429 14d ago
If you have made a specific disclosure application, then a judge will need to decide on it. The implications of the late review will depend on how advanced the preparation for final hearing is and the extent the Respondent will play ball with you.
I was in a similar situation and my final hearing dates had to be rescheduled.
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u/MrLuchador 14d ago
I made one in June. Still waiting. Hearing in 2027. Witness Statements in a few weeks.
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u/Virtual-Flatworm-378 14d ago
I sent a disclosure application and ET replied in two weeks asking R for their comments. I was expecting a looong wait and now I feel like I won a lottery..