The President of the Employment Appeal Tribunal, Langstaff P, has issued a clear warning to litigants in the EAT who fail to agree bundles.
In summary, the parties should not turn up with two separate bundles if they cannot agree the contents. Where one party wants to add extra documents which the other side considers irrelevant, they should be included anyway (subject to a maximum of 50 pages or seeking permission from the Registrar to exceed 50 pages - see para 8.3 of the Practice Direction).
Whilst potentially undesirable, it is more desirable than the inconvenience of having two separate bundles with different page numbering. If it turns out that the documents were irrelevant or unneeded, then it is open to the other party to make a costs application.
For the complete guidance, see Smith-Tigger v Abbey Protection Group at paragraph 47.