Advisory, Conciliation and Arbitration Service v Woods

Advisory, Conciliation and Arbitration Service v Woods

The High Court has jurisdiction to grant an order permitting disclosure of information within scope of section 251B(1) for the purposes of Employment Tribunal proceedings, as the Tribunal is not a 'court' for these purposes. The order is necessary to ensure fair adjudication of the unfair dismissal claim and the Tribunal can safeguard confidentiality using its procedural powers.

Parties
Claimant: Advisory, Conciliation and Arbitration Service; Defendant: John Woods
Jurisdiction
England and Wales
Judgment Date
13 August 2020
Procedural Posture
Part 8 Claim / Judgment on Application for Disclosure Order
Outcome
Order granted permitting disclosure
Legal Topics
Disclosure of Confidential Information, Unfair Dismissal, Employment Tribunal Procedure, ACAS Statutory Duties
Employment Law Labour Relations Confidentiality Disclosure of Confidential Information Unfair Dismissal Employment Tribunal Procedure ACAS Statutory Duties

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Parties

Advisory, Conciliation and Arbitration Service

Claimant

John Woods

Defendant

Procedural Posture

Part 8 Claim / Judgment on Application for Disclosure Order

Legal Issues

  1. 1 Whether information held by ACAS in connection with collective conciliation is prohibited from disclosure under section 251B(1) of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the High Court can grant an order permitting disclosure for Employment Tribunal proceedings under section 251B(2)(e)
  3. 3 Whether the Employment Tribunal is a 'court' for the purposes of section 251B(2)(e)

Ratio Decidendi

The High Court has jurisdiction to grant an order permitting disclosure of information within scope of section 251B(1) for the purposes of Employment Tribunal proceedings, as the Tribunal is not a 'court' for these purposes. The order is necessary to ensure fair adjudication of the unfair dismissal claim and the Tribunal can safeguard confidentiality using its procedural powers.

Court Disposition

Order granted permitting disclosure

Orders

  • ACAS and Mr Woods are permitted and required to disclose the investigation report and any other information within scope of section 251B(1) solely for the purposes of the Employment Tribunal proceedings.
  • The Tribunal is to manage the extent, form, and confidentiality of such disclosure, including consideration of redactions and procedural safeguards.