EAT PRACTICE AND PROCEDURE – Disclosure
An Employment Judge erred in law in ordering general disclosure of all documentation which passed between a Union and its member (the Claimant) in connection with disciplinary issues giving rise to Employment Tribunal proceedings.
Given the confidential nature of such correspondence, albeit not privileged, a Tribunal ought ordinarily to carry out an inspection of the documents said potentially to be disclosable and should test each against the principles set out in Canadian Imperial Bank of Commerce v Beck [2009] IRLR 740, itself derived from Nasse v Science Research Council [1979] IRLR 465, namely whether a document is not only relevant but also necessary for fairly disposing of the proceedings.
No such inspection should be carried out until a list of issues said to be in dispute in the proceedings is put before the Judge.
Citations:
[2017] UKEAT 0294 – 17 – 1312
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 April 2022; Ref: scu.603719