Requesting additional information and documents from the respondent

You might find it helpful to look at more information on requesting additional information and documents from the respondent.

The following is a sample letter asking for more information and is based on the case described in Precedent 1.

Dear (respondent or respondent’s representative),

Re: Walker v Heron Hotels Ltd.  Case No: 35240/LNA
I have now received the ET3. Could you please provide the following information and documents within 14 days:

Additional Information

1. Of ‘the claimant was promoted beyond her capabilities’, please state what relevant capabilities the claimant was lacking.
2. Of ‘the hotel occupancy severely declined’, please give the statistics of occupancy of the hotel from March 2005 – date.
3. Of ‘this was due to a number of shortfalls in her performance’, please itemise each and every shortfall relied on with dates.
4. Of ‘this was taken up with her on a number of occasions’, please itemise each and every occasion it was taken up with her, stating in each case (a) the date (b) who took the matter up with her (c) what matter was taken up (d) whether it was taken up verbally or in writing.
5. Of ‘the claimant had obviously lost interest in her job’, please state on what basis this conclusion was reached and by whom.
6. Of ‘the claimant had to be replaced by someone with more skills and experience’, please state who has worked as manager of the hotel from the claimant’s dismissal to date, giving their qualifications and prior experience.

Disclosure

7. The claimant’s personnel file including her contract documents and any disciplinary or capability warnings.
8. The disciplinary and capability procedure applicable to the claimant.
9. The company’s Equal Opportunities Policy.
10. Records of the Flamingo Hotel’s occupancy from March 2005 – date.
11. Minutes, correspondence and any other documents relating to the claimant’s disciplinary and appeal hearings in October 2013.
12. All documents relating to the appointment of any subsequent managers of the Flamingo Hotel from the claimant’s dismissal to date including their CVs.
13. All documents which the respondent intends to rely on at the hearing.
14. Any other documents in the respondent’s possession which are relevant to the case, regardless of whether they are helpful or harmful to the respondent’s case, and even if they are helpful to the claimant’s case.

Yours sincerely

(Claimant or claimant’s representative)

This advice applies in England and Wales. If you live in another part of the UK, the law may differ. Although there are a single set of rules which govern the whole of Great Britain covering Tribunal practice and procedure, there are differences in the way that Scottish tribunals exercise their discretion regarding procedure. For guides, information and resources about employment tribunals in Scotland, see The Scottish Courts and Tribunals Service.  If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

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