Disclosure in Employment Tribunals

Thanks to Rad Kohanzad of Serjeants’ Inn Chambers for preparing this case summary
The EAT in Plymouth City Council v White has reminded tribunals about the correct approach to take in considering an application for the disclosure of documents containing confidential information.

(1) consider whether the document is relevant (if it is not, then it need not be disclosed).

(2) if it is relevant, is it necessary for a fair trial for it to be disclosed? Where there is objection, the Judge should examine the document itself to consider whether it should be disclosed, even if confidential.

(3) if the document is relevant and necessary and is to be disclosed, the Judge should consider whether there is a more nuanced way of disclosing the material so as to respect confidentiality; usually for the document to be wholly or partially redacted.

(4) the disclosure Judge having read the dispu

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About truelabour

Investigative Journalist/Researcher for major media. Exposing the truth and police corruption with in UK police service.Certain forces say their motto is Honesty & Integrity One must ask is it lip service or genuinely meant. CO-OP Labour Party member questioning is the party standing for working class of Britain. Trade Union Activist & promoting diversity,community cohesion within multicultural Britain. Anti fascist speaks out against all foams of discrimination.
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