The employment tribunal bundle — how to prepare your evidence

A badly assembled bundle — missing key documents, poorly organised, or submitted late — can seriously damage your tribunal claim. A well-constructed bundle that tells a clear chronological story of what happened to you makes the judge's job easier and strengthens your case.

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What is a tribunal bundle?

The employment tribunal bundle is a single, jointly agreed paginated file containing all the documentary evidence that will be referred to at the hearing. It is prepared before the final hearing, usually in the few weeks before the hearing date, and is used by the judge, lay members, all parties, and any witnesses.

Who prepares the employment tribunal bundle?

The respondent (employer) is usually responsible for preparing the trial bundle, because they typically have more documents and more resources to compile it. However, both parties contribute documents and must agree on the contents. If the respondent fails to prepare a bundle, the claimant can do so or apply to the tribunal for an order.

What documents go in the bundle?

The bundle should include: the ET1 and ET3, any ACAS Early Conciliation certificate, employment contract and key policy documents, disciplinary or grievance correspondence, emails and messages relevant to the claim, dismissal and appeal letters, payslips and P60s (for financial loss), medical reports (if relevant), and any other document either party intends to refer to at the hearing.

Can I include WhatsApp messages and emails in the bundle?

Yes. WhatsApp messages, texts, emails, social media screenshots, and other digital communications are regularly included in tribunal bundles. They should be printed and formatted consistently. Screenshots should show the sender, recipient, date, and time. If the message was deleted and recovered, note how it was obtained.

What happens if the parties disagree about what goes in the bundle?

Either party can include documents they wish to rely on, even if the other party objects. The convention is to include documents in the bundle even if disputed — their relevance or authenticity can be argued at the hearing. Documents should not be excluded from the bundle merely because one party disagrees with their content.

Does the schedule of loss go in the bundle?

Yes. The schedule of loss — the document setting out the financial compensation you are claiming — is usually included in the tribunal bundle. It may appear at the end of the bundle as a separate section, or be filed with the tribunal separately. Your schedule of loss should be prepared using current statutory figures (the weekly pay cap is £751 and the compensatory award cap is £123,543 for dismissals on or after 6 April 2026).

What if the employer refuses to cooperate on the bundle?

If the respondent refuses to prepare the bundle or cooperate on its contents, you can write to the tribunal explaining the situation and asking for an order. The tribunal has power under rule 31 of the Employment Tribunal Rules of Procedure to order disclosure of documents. Persistent non-compliance with disclosure obligations can result in costs orders or adverse inferences being drawn against the non-complying party.

Employment Tribunal Bundle

The employment tribunal bundle — how to prepare your evidence

GOV.UK hearing guidance

Last updated: April 2026

Every page gets a sequential number — this is how witnesses give evidence

Both parties contribute — the bundle is ideally agreed jointly

A full index at the front makes navigation easy for the panel

What the bundle actually contains

The bundle should contain every document that either party intends to refer to during the hearing. Nothing that is not in the bundle can be introduced at the hearing without the tribunal's permission. Below is a full breakdown of what each section contains and why it matters.

Section A: Pleadings

The ET1 claim form and the ET3 response go first. They tell the panel what the dispute is about and frame the issues for the hearing. The tribunal will have its own copies, but including them in the bundle means everyone is working from the same paginated document.

Section B: ACAS Early Conciliation certificate

Proof that Early Conciliation was completed before the ET1 was submitted. This document confirms the unique EC certificate number that appeared on the ET1. It is a procedural document but is conventionally included in the bundle.

Section C: Contract of employment and key policies

The written statement of employment particulars (the legal name for a "contract of employment"), the employee handbook, the disciplinary policy, the grievance policy, the sickness absence policy, and any other document your employer relies on or that is relevant to your claim. If there is a dispute about what the policies say, the version in force at the time of the relevant events is the one that matters — not a later revised version.

Section D: Disciplinary and grievance documentation

The complete paper trail of any formal process. This includes: invitation letters to meetings, the notes or minutes of each meeting (these should be verbatim or near-verbatim — not a summary), the outcome letter, any appeal invitation and appeal hearing notes, and the appeal outcome letter. This section is often the most important in an unfair dismissal claim. If the employer cannot produce complete meeting notes, that is significant.

Section E: Correspondence

Emails, letters, WhatsApp messages, texts, and any other relevant written communications. Organise chronologically, oldest first. Each page should be included in full — do not cut out pages or summarise. Emails should be printed with the full header showing sender, recipient, date, and subject line. WhatsApp conversations should be exported as a PDF or printed from screenshots showing timestamps.

Section F: Pay and benefits documents

Payslips covering the last 12 months of employment, P60s, any bonus records, pension statements, and benefits documents. These are used to calculate financial loss. The schedule of loss — the document setting out what you are claiming — is calculated from these figures. Our free Schedule of Loss calculator uses the current statutory caps to work out your basic award, compensatory award, and notice pay.

Section G: Medical evidence

Occupational health reports, GP or specialist letters, fit notes (formerly sick notes), and any other medical documentation. Relevant wherever capability, stress, or disability is an issue. If your claim includes disability discrimination, medical evidence establishing the nature and duration of your condition is important — particularly to show that the impairment has a "substantial and long-term adverse effect" as required by the Equality Act 2010.

Section H: Post-dismissal job search evidence

Applications made, rejections received, any offers accepted, Universal Credit or jobseeker records. The tribunal expects you to have mitigated your loss — that is, to have taken reasonable steps to find new employment. This evidence shows you have done so. If there is a gap in your job search, be ready to explain it.

Step-by-step: how to organise and format the bundle

WhatsApp and digital evidence

Digital communications — WhatsApp messages, Teams chats, texts, emails — are all admissible and frequently determinative in tribunal cases. Export or screenshot conversations showing the sender, recipient, and timestamp. Print in a readable font and include in chronological order within the correspondence section. Where messages were deleted and recovered via backup or a legal request, note that clearly. If your employer claims a message does not exist, you are entitled to ask the tribunal to draw an adverse inference from their failure to produce it.

Common mistakes that damage tribunal claims

Self-represented claimants — and sometimes solicitors — make the same bundle mistakes repeatedly. Here is what to avoid.

The single most common bundle error. Without consecutive page numbers, witnesses cannot refer to documents and the hearing becomes chaotic. Tribunals regularly adjourn or express serious frustration when bundles are not paginated. Always number every page.

A bundle without an index forces the panel to search manually for every document. This wastes hearing time and irritates the judge. Even a basic index — document name and page number — is far better than none.

Documents in the wrong order

Putting documents in the order you found them rather than chronological order makes it very hard for anyone to follow the story. Within each section, oldest document first, newest last.

Incomplete documents

Submitting only the pages you think are relevant, rather than the whole document. Tribunals want to see complete documents. Cutting pages out looks like you are hiding something — even if you are not.

Leaving out documents that help the other side

Disclosure is not just about including documents that help you. You are obliged to disclose relevant documents even if they are unhelpful to your case. Selectively disclosing only favourable documents is improper and, if discovered, seriously damages your credibility.

Missing the schedule of loss

The schedule of loss is a core bundle document. It sets out exactly what you are claiming financially. If it is not in the bundle — or if it uses out-of-date statutory figures — the tribunal may not be able to make a proper award. Use our free Schedule of Loss calculator to produce a schedule using the current April 2026 figures.

Late bundle submission is one of the most avoidable mistakes. The case management order gives you a deadline. If you think you will miss it, contact the tribunal and the other side immediately. Do not simply miss the deadline silently — tribunals treat that much more seriously than a timely request for an extension.

What if the employer will not cooperate?

The bundle is supposed to be jointly prepared, but employers — or their legal representatives — sometimes stonewall on disclosure or refuse to share their document list. Here is what you can do if that happens.

Send a formal disclosure request in writing

Write to the respondent's representative setting out the categories of documents you need — disciplinary notes, occupational health reports, HR records, internal emails about your case — and ask them to confirm within 14 days what documents they hold in each category and whether they will disclose them. Keep a copy of this letter: it may be relevant if you later apply for a disclosure order.

Use a Subject Access Request (SAR)

Your employer is required by UK GDPR to give you all personal data they hold about you within one month of a Subject Access Request. This includes internal emails that mention you, HR notes, performance records, and meeting minutes. Submit a SAR even before you file your ET1. The one-month deadline is strict — the employer cannot charge you and cannot refuse without a specific legal exemption.

Apply to the tribunal for a disclosure order

Under rule 31 of the Employment Tribunal Rules of Procedure 2013, the tribunal can order a party to disclose or produce documents. If the respondent is withholding documents you believe are relevant, write to the tribunal explaining the situation and asking for an order. You do not need a solicitor to make this application — set out clearly what documents you need and why they are relevant.

Ask the tribunal to draw an adverse inference

If an employer fails to produce a document that you know should exist — for example, meeting notes they were required to keep under their own policy — you can ask the tribunal to draw an adverse inference. That means the tribunal treats the absence of the document as evidence that it would have helped your case. This is not guaranteed, but it is a legitimate argument where documents have clearly been destroyed or withheld.

The tribunal expects a professionally formatted bundle

Employment tribunal judges hear multiple cases each week and deal with bundles daily. A properly paginated, indexed, and organised bundle signals that you take the process seriously — even as a litigant in person. A chaotic, unnumbered collection of papers signals the opposite. The effort you put into the bundle directly affects the impression you make before you say a word.

The schedule of loss — a bundle document you build with our free calculator

The schedule of loss is the financial document at the heart of your tribunal claim. It sets out every head of loss you are claiming — basic award, compensatory award, notice pay, holiday pay, pension loss, and any other financial consequences of your dismissal. It goes in the bundle and is referred to at the hearing when the tribunal is assessing compensation.

The figures must use current statutory caps. For dismissals on or after 6 April 2026, the weekly pay cap is £751 and the compensatory award cap is £123,543. Getting these figures wrong — even if the rest of your case is strong — results in an incorrect schedule that the tribunal will need to correct at the hearing. Our free calculator uses the current figures and shows your calculation step by step.

Bundle questions answered

Start My Claim is self-service software, not a law firm and not a regulated Claims Management Company. The information on this page is for general guidance only and does not constitute legal advice. If your situation is complex, consider consulting a qualified employment solicitor.

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