How To Prepare A Bundle For An Employment Tribunal Dismissal Case

An Employment Tribunal bundle is the core set of documents used at a hearing in England and Wales to decide dismissal-related disputes, including unfair dismissal and wrongful dismissal claims. It is a single, indexed file containing all relevant evidence from both parties, and it forms the main reference point for the tribunal judge, witnesses, and representatives during the hearing.

In dismissal cases, the quality and structure of the bundle can significantly affect how clearly the facts are understood and how the tribunal evaluates the evidence. A poorly prepared bundle can lead to delays, confusion, or important evidence being overlooked.

What an Employment Tribunal bundle is

An Employment Tribunal bundle is an agreed collection of documents prepared in advance of the hearing. It is required under tribunal case management directions issued under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

The bundle is:

• A single, paginated PDF or electronic file
• Agreed between both parties where possible
• Used as the official reference document during the hearing
• Structured in chronological or logical order

It ensures that all participants rely on the same set of documents.

Why the bundle is important in dismissal cases

In dismissal disputes, the tribunal must assess:

• The reason for dismissal
• Whether proper procedures were followed
• Whether contractual obligations were breached
• Whether evidence supports either party's version of events

The bundle provides the documentary foundation for these findings. Without a properly organised bundle, the tribunal may struggle to assess credibility and chronology.

Legal and procedural requirements

Employment Tribunals require parties to comply with case management orders, which usually include:

• Disclosure of all relevant documents
• Agreement on bundle contents where possible
• Preparation of an indexed and paginated bundle
• Submission within a specified deadline before the hearing

Tribunals expect parties to cooperate in producing a joint bundle, even where the claim is disputed.

Step-by-step guide to preparing a tribunal bundle

Step 1: Collect all relevant documents

The first stage is disclosure. Both parties must identify documents relevant to the dismissal dispute, including:

• Employment contract and written terms
• Offer letters and amendments
• Payslips and P60s
• Dismissal letter or termination correspondence
• Disciplinary records
• Redundancy consultation documents (if applicable)
• Emails and internal communications
• HR policies and handbooks

Relevance is key. Only documents that relate to issues in dispute should be included.

Step 2: Agree bundle contents with the other party

Where possible, both parties should agree:

• Which documents are included
• The order of documents
• Removal of duplicates or irrelevant material

If agreement is not possible, each party may propose additions, and the tribunal may decide disputed items.

Step 3: Structure the bundle logically

Bundles are typically structured in the following order:

1. Preliminary documents (index, case details)
2. Employment contract and key terms
3. HR policies and procedures
4. Chronology of events
5. Correspondence and emails
6. Disciplinary or grievance documents
7. Dismissal decision documents
8. Financial documents (pay, loss calculations)
9. Witness statements
10. Additional supporting documents

Chronological ordering is often preferred for clarity.

Step 4: Create an index

The index lists every document in the bundle with:

• Document number
• Description
• Date of document

A clear index allows the tribunal to quickly locate relevant material during the hearing.

Step 5: Paginate the bundle

Every page must be numbered consecutively. This ensures:

• Easy reference during questioning
• Clear citation in witness evidence
• Avoidance of confusion during cross-examination

Pagination is usually placed at the bottom or top corner of each page.

Step 6: Prepare an electronic bundle

Most Employment Tribunals now operate electronically. The bundle is usually:

• A single PDF file
• Bookmarked by sections
• Searchable where possible
• Optimised for large file handling

File naming must comply with tribunal directions.

Step 7: Include witness statements

Witness statements are usually included in the bundle and form a central part of evidence. Each statement should:

• Be clearly labelled
• Include a statement of truth
• Be cross-referenced to documents in the bundle

Statements are often grouped together after documentary evidence.

Step 8: Final review and agreement

Before submission:

• Check completeness of documents
• Ensure no duplicates or missing pages
• Confirm pagination is correct
• Verify consistency between index and content
• Ensure compliance with tribunal directions

Errors at this stage can lead to adjournments or tribunal criticism.

Key documents in dismissal case bundles

Employment documents

• Contract of employment
• Job description
• Offer letters and amendments

Dismissal-related documents

• Dismissal letter
• Disciplinary hearing notes
• Appeal outcome letters
• Redundancy consultation records

Communication records

• Emails between employer and employee
• Internal HR correspondence
• Meeting notes

Financial documents

• Payslips
• Bonus statements
• Pension records
• Loss calculations

Policy documents

• Disciplinary procedures
• Grievance procedures
• Staff handbooks

Common mistakes when preparing a bundle

Including irrelevant documents

Overloading the bundle with unnecessary material can obscure key evidence.

Missing key documents

Omitting the dismissal letter or contract can undermine the case entirely.

Poor organisation

Lack of structure makes it difficult for the tribunal to follow arguments.

Incorrect pagination

Pagination errors can cause confusion during cross-examination.

Failure to agree bundle with the other party

Disputes over content can delay proceedings.

Role of the tribunal in bundle preparation

If parties cannot agree:

• The tribunal may issue directions on content
• A judge may determine disputed inclusions
• One party may be ordered to prepare the final bundle

Tribunals aim to ensure fairness and efficiency in presentation of evidence.

Practical tips for dismissal case bundles

• Focus on relevance to dismissal reasons and procedure
• Keep documents in chronological order where possible
• Ensure all referenced documents appear in witness statements
• Use clear headings and sections
• Avoid duplication of emails or attachments
• Check that scanned documents are readable

How bundles are used during the hearing

At the hearing:

• Judges refer directly to bundle page numbers
• Witnesses are questioned using specific documents
• Parties cite documents during submissions
• The bundle forms the primary evidential record

A well-prepared bundle allows the tribunal to follow the case efficiently.

Digital bundle management in modern tribunals

Most hearings now use electronic bundles, which may include:

• Hyperlinked indexes
• Searchable PDFs
• Section bookmarks
• Split bundles for large cases

Proper formatting improves accessibility during hearings.

Key Takeaways

Preparing a bundle for an Employment Tribunal dismissal case involves collecting relevant documents, agreeing content with the other party, structuring materials logically, and producing a paginated and indexed file. The bundle is central to the tribunal process and directly influences how evidence is presented and assessed. Careful organisation, completeness, and compliance with tribunal directions are essential for ensuring the case proceeds efficiently and clearly.