Legalities around evidence bundles for employment tribunals

mustbesavvy

Wondering if anyone has any knowledge or insights on case management orders and evidence bundles in employment tribunals?

I have an upcoming hearing for tribunal. We agreed evidence bundles some months ago based on a tribunal set deadline (case management orders), but having now reviewed my witness statement the Respondent has emailed me additional documentation (to try and counter some of the points in my witness statement) and told me they will simply add these documents to the evidence bundle and recirculate, even though the case management orders deadline for sharing documentation with each party for the evidence bundle expired months ago.

Can anyone tell me, are they allowed to do this? It would seem inappropriate given that they could effectively fabricate evidence - I thought this was exactly why case management orders stipulated evidence sharing ahead of witness statements. Any advice greatly appreciated.

yorkslass88

As far as I am aware, no party can simply add evidence to the bundle. They must apply, giving reasons why it is being submitted after the date in CMO. You can object, but ultimately it may be the judges decision to admit the new evidence. 

Juneyggg

Hi, curious as to how you got on, I am awaiting appeal outcome and they used evidence to sack me,however never gave me a chance to explain it or discuss it