Employment Claims Rules 2017 · 2025 Revised Edition · Part 3 · Proceedings Before Tribunal
16. Order for discovery and production of documents
Feedback & supportAt any stage of the proceedings before a tribunal or the Registrar, the tribunal or Registrar may order the discovery and production of any document, if the tribunal or Registrar is of the opinion that such an order is necessary either for the fair disposal of the claim or for the saving of costs.
Where any privilege is claimed, or any objection is made, by any party in relation to the production of any document, the tribunal or Registrar may, if the tribunal or Registrar deems fit —
inspect the document for the purpose of determining whether the claim of privilege or the objection made is valid; and
order the production of the document, unless the tribunal or Registrar upholds the claim of privilege or the objection.
If any party fails to comply with this rule, or with any order made by a tribunal or the Registrar to give discovery of any document or to produce any document, a tribunal or the Registrar may make any order that the tribunal or Registrar thinks fit, including an order that —
the claim be dismissed or the response be struck out (as the case may be); and
the defaulting party is liable to committal.
Except with the permission of a tribunal or the Registrar, no other document may be filed or served for the purposes of the proceedings.
Subregulation 1
At any stage of the proceedings before a tribunal or the Registrar, the tribunal or Registrar may order the discovery and production of any document, if the tribunal or Registrar is of the opinion that such an order is necessary either for the fair disposal of the claim or for the saving of costs.
Subregulation 2
Where any privilege is claimed, or any objection is made, by any party in relation to the production of any document, the tribunal or Registrar may, if the tribunal or Registrar deems fit —
inspect the document for the purpose of determining whether the claim of privilege or the objection made is valid; and
order the production of the document, unless the tribunal or Registrar upholds the claim of privilege or the objection.
Subregulation 3
If any party fails to comply with this rule, or with any order made by a tribunal or the Registrar to give discovery of any document or to produce any document, a tribunal or the Registrar may make any order that the tribunal or Registrar thinks fit, including an order that —
the claim be dismissed or the response be struck out (as the case may be); and
the defaulting party is liable to committal.
Subregulation 4
Except with the permission of a tribunal or the Registrar, no other document may be filed or served for the purposes of the proceedings.