ET case: Employer has not released all documents in disclosure.. what to do? HELP!

Marcon

OP - you keep referring to this person as a friend, so why not act as true friend and point him in the direction of ACAS? Random googling coupled with doggedly pursuing your own theories on this forum isn't going to help him, given your lack of knowledge of both the whole ET process, discrimination law generally and (crucially) whatever he is choosing to tell you about his case.

LeedsGirl94

I had similar in my ET whereby not a single thing was produced that I hadn't already been copied in on; as enraging as it was, with discrimination you need to show a prima facie case and it is for the employer to then disprove it.

Your friend doesn't need every bit of evidence on earth, just enough pieces to suggest the overall picture. If they can find those pieces you can flip the non-disclosure on it's head and say XYZ show A and the respondents have failed to disclose anything to the contrary therefore we ask inferences to be drawn that A is true etc.

krusty101

Make an application to the ET if you think they are withholding information. 

Bradden

krusty101 said:

Make an application to the ET if you think they are withholding information. 

The problem is that the OP beleives  they should be provided this:

(1) pay details for members of staff of different race/gender
(2) work rosters of different race/gender
(3) references this manager completed for other staff of different race/gender

I'm doubt the emloyer is obliged to give this information.

SChitmehard

Bradden said:

krusty101 said:

Make an application to the ET if you think they are withholding information. 

The problem is that the OP beleives  they should be provided this:

(1) pay details for members of staff of different race/gender
(2) work rosters of different race/gender
(3) references this manager completed for other staff of different race/gender

I'm doubt the emloyer is obliged to give this information.

I read a previous ET case on pay discrimination and the employer was required to submit details. They did for a couple of employees but not for all/most of the employees that worked in the same post/job title and lost.

When you prepare a discrim case, you mention the poeple you are comparing yourself to to show a difference of treatment . Now if you can't get info (rota/pay/etc) how can you compare? Read the link about disclosure I put above. They are meant to release more info than if you have done a DPA request. But in my friends case, it's just his personnel file and that's pretty much it.

Marcon

SChitmehard said:

Bradden said:

krusty101 said:

Make an application to the ET if you think they are withholding information. 

The problem is that the OP beleives  they should be provided this:

(1) pay details for members of staff of different race/gender
(2) work rosters of different race/gender
(3) references this manager completed for other staff of different race/gender

I'm doubt the emloyer is obliged to give this information.

I read a previous ET case on pay discrimination and the employer was required to submit details. They did for a couple of employees but not for all/most of the employees that worked in the same post/job title and lost.

When you prepare a discrim case, you mention the poeple you are comparing yourself to to show a difference of treatment . Now if you can't get info (rota/pay/etc) how can you compare? Read the link about disclosure I put above. They are meant to release more info than if you have done a DPA request. But in my friends case, it's just his personnel file and that's pretty much it.

Googling is not a substitute for hard knowledge of the actual process. Has your friend been in contact with ACAS, as suggested (repeatedly)?

SChitmehard

LeedsGirl94 said:

I had similar in my ET whereby not a single thing was produced that I hadn't already been copied in on; as enraging as it was, with discrimination you need to show a prima facie case and it is for the employer to then disprove it.

Your friend doesn't need every bit of evidence on earth, just enough pieces to suggest the overall picture. If they can find those pieces you can flip the non-disclosure on it's head and say XYZ show A and the respondents have failed to disclose anything to the contrary therefore we ask inferences to be drawn that A is true etc.

Yeah, so I suppose their lack of disclosure could benefit my friend (by the judges inferring that employer is hiding info) on the other hand he needs the rotas/pay info to show the unfavorable treatment which they haven't released. This employer has previously been found guilty of race and sex discrim and in that case released too much info to the victim who was able to put a solid case together from they info the employer provided. I think now they release the minimum/near nothing to put obstacle in their way and prevent the person building a case against them

krusty101 said:

Make an application to the ET if you think they are withholding information. 

I think is is what I'll have to do and write out a list of documents that they should hand over

74jax

SChitmehard said:

LeedsGirl94 said:

I had similar in my ET whereby not a single thing was produced that I hadn't already been copied in on; as enraging as it was, with discrimination you need to show a prima facie case and it is for the employer to then disprove it.

Your friend doesn't need every bit of evidence on earth, just enough pieces to suggest the overall picture. If they can find those pieces you can flip the non-disclosure on it's head and say XYZ show A and the respondents have failed to disclose anything to the contrary therefore we ask inferences to be drawn that A is true etc.

Yeah, so I suppose their lack of disclosure could benefit my friend (by the judges inferring that employer is hiding info) on the other hand he needs the rotas/pay info to show the unfavorable treatment which they haven't released. This employer has previously been found guilty of race and sex discrim and in that case released too much info to the victim who was able to put a solid case together from they info the employer provided. I think now they release the minimum/near nothing to put obstacle in their way and prevent the person building a case against them

krusty101 said:

Make an application to the ET if you think they are withholding information. 

I think is is what I'll have to do and write out a list of documents that they should hand over

Not at all.  You shouldn't do anything unless you are the friend? Confused.... 

GingerTim

74jax said:

SChitmehard said:

LeedsGirl94 said:

I had similar in my ET whereby not a single thing was produced that I hadn't already been copied in on; as enraging as it was, with discrimination you need to show a prima facie case and it is for the employer to then disprove it.

Your friend doesn't need every bit of evidence on earth, just enough pieces to suggest the overall picture. If they can find those pieces you can flip the non-disclosure on it's head and say XYZ show A and the respondents have failed to disclose anything to the contrary therefore we ask inferences to be drawn that A is true etc.

Yeah, so I suppose their lack of disclosure could benefit my friend (by the judges inferring that employer is hiding info) on the other hand he needs the rotas/pay info to show the unfavorable treatment which they haven't released. This employer has previously been found guilty of race and sex discrim and in that case released too much info to the victim who was able to put a solid case together from they info the employer provided. I think now they release the minimum/near nothing to put obstacle in their way and prevent the person building a case against them

krusty101 said:

Make an application to the ET if you think they are withholding information. 

I think is is what I'll have to do and write out a list of documents that they should hand over

Not at all.  You shouldn't do anything unless you are the friend? Confused.... 

Sharp eyes!

robatwork

Entertaining thread - do keep us updated.

Although your "friend" sounds very ill advised to go to an ET based on the paltry evidence he has. As his friend you would be best to advise him to withdraw and move on, or get a bit of a humping at the hearing.