Employment Tribunal Hearing Bundle Preparation Guide

The hearing bundle is one of the most important documents in Employment Tribunal proceedings in England and Wales. It is the structured, paginated collection of all documents that the Tribunal, claimant, and respondent will rely on during the final hearing.

The bundle ensures that all evidence is presented in a single, organised format so the Tribunal can efficiently determine the facts in dispute. It typically includes pleadings, witness statements, disclosure documents, and key correspondence.

Poor bundle preparation can significantly affect the presentation of a case, delay proceedings, or lead to adverse procedural consequences.

What an Employment Tribunal Hearing Bundle Is

A hearing bundle is a single indexed file containing all relevant documents needed for the Tribunal hearing. It acts as the shared evidential record for all parties.

It usually includes:

• Claim form (ET1)
• Response form (ET3)
• Case management orders
• Disclosure documents
• Witness statements
• Key correspondence
• Relevant policies and employment documents

The Tribunal relies on the bundle throughout the hearing when assessing evidence and resolving disputed facts.

Legal and Procedural Basis

Employment Tribunals operate under the Employment Tribunals (Constitution and Rules of Procedure) 2013 (as amended), which give Tribunals wide case management powers.

Under these rules, Tribunals may:

• Order preparation of a joint hearing bundle
• Set strict deadlines for completion
• Direct how documents are to be organised
• Exclude documents not properly included
• Require electronic or paper format bundles

The overriding objective requires cases to be dealt with fairly and efficiently, which includes ensuring the bundle is usable and complete.

Purpose of the Hearing Bundle

The hearing bundle serves several key functions:

• Provides a single source of all evidence
• Ensures fairness by giving both parties equal access to documents
• Helps the Tribunal follow the factual chronology
• Supports witness examination and cross-examination
• Reduces delays during the hearing

The Tribunal often refers to bundle page numbers throughout proceedings.

Who Is Responsible for Preparing the Bundle

Responsibility is usually allocated in Tribunal case management orders. Common arrangements include:

• Respondent (often employer) prepares the bundle
• Claimant and respondent jointly agree contents
• One party compiles the bundle subject to approval by the other

If agreement cannot be reached, the Tribunal may intervene and decide what is included.

Failure to comply with bundle directions can result in sanctions or adjournment.

Structure of a Tribunal Hearing Bundle

A properly prepared bundle follows a clear structure:

1. Front section

• Index or contents page
• List of documents with page references

2. Pleadings

• ET1 claim form
• ET3 response form
• Further particulars or amendments

3. Case management documents

• Tribunal orders
• Preliminary hearing notes
• Directions issued by the Judge

4. Documentary evidence

• Emails and correspondence
• HR records and policies
• Contracts of employment
• Payroll and financial documents
• Investigation and disciplinary records

5. Witness statements

• All witness statements from both sides
• Signed statements of truth

Pagination and Indexing Requirements

Pagination is a strict requirement. Each page must:

• Be numbered sequentially
• Be clearly legible
• Match references in witness statements

The index must:

• List every document in order
• Include document descriptions
• Reference page numbers accurately

Incorrect pagination can cause confusion during cross-examination and slow down proceedings.

Agreed Bundle Requirement

Employment Tribunals expect parties to produce an agreed bundle wherever possible.

This means:

• Both parties review all documents
• Irrelevant material is removed
• Duplicates are eliminated
• Disputes about inclusion are resolved or noted

If agreement cannot be reached, the Tribunal may decide:

• What documents are included
• How disputed documents are labelled
• Whether supplementary bundles are allowed

Electronic Bundles

Increasingly, Tribunals use electronic bundles rather than paper versions.

Electronic bundles must:

• Be in PDF format
• Be fully searchable (where possible)
• Contain bookmarks for sections
• Be clearly hyperlinked in the index
• Avoid excessive file size

Poorly formatted electronic bundles may be rejected or require correction.

What Documents Should Be Included

The bundle should contain all documents relevant to the issues in dispute, including:

• Employment contract and variations
• Payslips and payroll summaries
• Disciplinary and grievance documents
• Investigation reports
• Emails and internal messaging records
• Performance reviews
• Company policies and handbooks
• Medical or occupational health reports (where relevant)
• Witness statements and exhibits

Relevance is determined by the issues identified in the ET1 and ET3.

Documents That Should Not Be Included

Unnecessary material should generally be excluded, including:

• Irrelevant personal correspondence
• Duplicated documents
• Entire email chains where only part is relevant
• Privileged legal advice documents
• Material outside the scope of the dispute

Including excessive irrelevant material can obscure key evidence.

Common Bundle Preparation Issues

1. Poor organisation

Bundles without clear structure make it difficult for the Tribunal to follow evidence.

2. Missing documents

Incomplete bundles can undermine credibility and delay hearings.

3. Incorrect pagination

Page mismatches between statements and documents can cause confusion.

4. Excessive volume

Overly large bundles can reduce clarity and focus.

5. Failure to agree contents

Disputes over inclusion often require Tribunal intervention.

Case Management Directions for Bundles

Tribunals typically issue directions specifying:

• Deadline for bundle completion
• Responsibility for preparation
• Format requirements
• Page limits or structure rules
• Date for exchange of witness statements and bundle finalisation

Non-compliance with directions can result in:

• Adjournment
• Cost consequences in limited circumstances
• Exclusion of evidence
• Adverse procedural findings

Role of the Bundle at the Hearing

During the hearing:

• The Tribunal refers continuously to the bundle
• Witnesses are cross-examined using bundle documents
• Page references are used for accuracy
• Judges rely on the bundle for factual findings

A well-prepared bundle supports efficient presentation of evidence.

Practical Steps in Bundle Preparation

A structured approach includes:

• Identifying all relevant documents early
• Reviewing Tribunal directions carefully
• Agreeing inclusion with the opposing party
• Removing irrelevant or duplicated material
• Ensuring correct pagination and indexing
• Cross-checking witness statement references
• Producing final agreed version before deadline
• Testing electronic usability (if applicable)

Importance of Accuracy and Consistency

The bundle must be consistent with:

• Witness statements
• ET1 and ET3 pleadings
• Disclosure lists
• Tribunal case management orders

Inconsistencies can undermine credibility and affect findings of fact.

Risks of Poor Bundle Preparation

Failure to prepare the bundle properly may result in:

• Delays in proceedings
• Tribunal criticism or adverse comments
• Exclusion of documents
• Difficulty presenting evidence effectively
• Reduced clarity during cross-examination
• Potential adjournment of the hearing

Final Thoughts

The Employment Tribunal hearing bundle is central to the presentation of evidence in Employment Tribunal proceedings. It provides the structured, agreed record of all documents and witness statements used by the Tribunal to determine the case.

Proper preparation requires careful organisation, accurate pagination, agreement between parties, and compliance with Tribunal directions. A clear, complete, and well-structured bundle supports efficient hearings and ensures that the Tribunal can properly assess all relevant evidence.