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Employment Tribunal Disclosure: Essential Guide for Employers

Understand what employers must disclose in tribunal proceedings, how to handle privileged documents and how to comply with case management orders.

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1–2 minutes

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By Mark Taylor

Understanding disclosure obligations is essential for any employer or HR professional involved in an employment tribunal claim.

Our guide provides clear, practical advice on how to manage the duty of disclosure—from identifying all relevant documents to ensuring accuracy, complying with tribunal orders and avoiding serious procedural risks.

Learn what must be disclosed, how to reference documents correctly in witness statements, when privilege applies, and what steps to take if the other party fails to cooperate. Equip yourself with the knowledge needed to stay compliant and protect your organisation throughout the tribunal process.

In this guide, learn about:

  • What is disclosure?
  • What documents should be disclosed?
    • Control
    • Document searches
    • Identifying which documents are relevant
    • Proportionality
    • Referring to documents in witness statements
  • “Without prejudice” and confidential documentation
  • Information from third parties
  • When should documents be disclosed?

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Employment Tribunal Disclosure: Essential Guide for Employers

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About the author

Mark Taylor

Mark Taylor specialises in representing clients in employment tribunals and the Employment Appeal Tribunal. Mark has an LLM in employment relations. He was operations director at Accountax Employment Law and is currently a director at Chartergate Legal Services Ltd.

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