Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disclosure definition

What does Disclosure mean? Disclosure describes the process in litigation by which a party identifies, lists and, where not protected by privilege, allows inspection of documents within its control that are relevant to the issues in dispute, including confirming that a document exists or has existed. It covers paper and electronic material (ESI), and carries a continuing duty to preserve and disclose. In England and Wales, disclosure is governed by the Civil Procedure Rules: standard disclosure and inspection under Part 31, and in the Business and Property Courts, initial and extended disclosure under Practice Direction 57AD. Parties must conduct a reasonable and proportionate search, list...

Disclosure and Inspection in Great Britain Employment Tribunals: Powers, Tests, Privilege, Confidentiality and Procedure under the Employment Tribunal Rules 2024 and CPR 31

Published by a LexisNexis Employment expert

Practice notes

This Practice Note

This Practice Note summarises the employment tribunal’s authority, under Rule 33 of the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155, to compel Disclosure of documents and information. It explains the relationship with the Civil Procedure Rules (CPR) and explores what disclosure and inspection mean and cover, the applicable test for disclosure, the overriding objective and proportionality. It also addresses both standard and specific disclosure, confidentiality, public interest immunity, oppressive disclosure, medical reports, and legal professional privilege (including legal advice privilege, litigation privilege, the iniquity exception and waiver). The Note further reviews procedural requirements such as disclosure statements, pre-action disclosure, and disclosure by non-parties, together with restrictions on the use of disclosed material. It concludes by considering the role of artificial intelligence (AI) in the disclosure process. In many employment tribunal cases, documents of differing kinds will comprise a substantial proportion of the evidence. Fair disclosure of such material is required in the interests of justice...

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Web page updated on 21/05/2026

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