Case Management Orders - Disclosure

OTS6698

Hi
I'm a Claimant in person. I've made a claim against my ex Employer. There was a preliminary hearing where the Judge made the following order:

"The parties must on or before 14 days from the relevant date send each other a list and a copy of the document of all documents that they wish to refer to at the final hearing or which are relevant to any issue in the case, including the issue of remedy".

Taking into account the relevant date, both parties were required to disclose their documents by 8th September 2021. The Respondent is a Police force. They have a large law form representing them. I emailed their lawyer on 10th September 2021 asking if they were ready to exchange document. I've received no reply. My questions are:

1. Is it possible that  the Respondent lawyer is delaying disclosing his documents with some motive to give the Respondent an advantage?
2. Should I just send my documents even though they are late and in breach of the order and risk somehow disadvantaging myself?

Thanks

TELLIT01

Why did you not provide the documents to the other party by the required date?  Not doing so  greatly weakens any complaint about document not being supplied to you.  If you had complied I would guess your next step would be to complain to the judge who made the order as, presumably, the failure of the other party to comply could put them in contempt of court.  I would suggest you need formal legal advice rather than guesses from contributors to this forum, as all we can do is make educated guesses on what would seem to be the logical next step.

Jillanddy

Is this in relation to preparation of the bundle for the hearing? Which is normally done by the employers legal representatives unless it is a very small employer. If you haven't provided them with your documents then they can't prepare the bundle and therefore can't send you - or more importantly, the tribunal - the documents for the hearing.

OTS6698

Hi
In answer to your question why didn't I provide the documents to the other party by the required date? I didn't because I didn't want to potentially disadvantage my case think. I the Respondents Lawyer is playing some sort of game. He is a qualified Lawyer, so clearly knows what he' s doing. I'm aware of other cases from my research where Respondent's don't comply with orders and the ET simply just re issue the order for a later date instead of taking action against them.
Thanks

Jillanddy

If what you are saying about your case is true then there is no benefit in withholding the documents. To either side. You are now, however, in no position to argue that they have done anything wrong since you have quite deliberately done the same thing! Game playing like this is guaranteed only to annoy the tribunal. If you are told to do something by the tribunal your job is to comply, no matter what others do.

OTS6698

Hi
I'm not sure that there is no benefit in withholding the documents, only time will tell. I've now sent the documents albeit 4 days late. I've asked the Respondents Lawyer when he will be sending his documents. I wait with baited breath. 
Thanks

robatwork

My experience from the other side of this is....as the employer we sent the bundle in good time, and the disgruntled ex-employee didn't send his on time. He was several weeks and many reminders late.   He wasn't censured or disadvantaged at the tribunal, well not for the lateness anyway; the laughable nature of his bundle didn't impress the judge though.