A Dodd v UK Direct Solutions Limited & Anor

A Dodd v UK Direct Solutions Limited & Anor

The tribunal was correct that the factual truth of the alleged wrongdoing is not automatically relevant to the issues in a protected disclosure claim and that the claimant's disclosure requests were, in the main, unfocused, disproportionate, and not shown to be necessary for fair disposal of the proceedings....

Source-derived case information.

Parties
Appellant: Miss A Dodd; Respondent: UK Direct Solutions Business Limited; Respondent: Mr S Moslemi
Jurisdiction
England and Wales
Judgment Date
18 March 2022
Procedural Posture
Employment Appeal / Appeal Against Refusal of Specific Disclosure in Ongoing Employment Tribunal Proceedings
Outcome
Appeal dismissed in part, allowed in part
Legal Topics
Protected Disclosure (whistleblowing), Constructive Unfair Dismissal, Detrimental Treatment, Specific Disclosure, Case Management
Employment Law Practice and Procedure Protected Disclosure (whistleblowing) Constructive Unfair Dismissal Detrimental Treatment Specific Disclosure Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miss A Dodd

Appellant

UK Direct Solutions Business Limited

Respondent

Mr S Moslemi

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal of Specific Disclosure in Ongoing Employment Tribunal Proceedings

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in refusing the claimant's application for specific disclosure of documents relevant to her whistleblowing and constructive dismissal claims
  2. 2 Whether the factual truth of the alleged wrongdoing is relevant to the issues of reasonable belief and detriment in protected disclosure claims
  3. 3 Whether the scope of the disclosure requests was proportionate and necessary for fair disposal of the proceedings

Ratio Decidendi

The tribunal was correct that the factual truth of the alleged wrongdoing is not automatically relevant to the issues in a protected disclosure claim and that the claimant's disclosure requests were, in the main, unfocused, disproportionate, and not shown to be necessary for fair disposal of the proceedings. However, the tribunal erred in not considering whether certain requests relating to specific employees and a defined period, which may have been directly relevant to the claimant's belief in wrongdoing, should have been granted in a more limited form.

Court Disposition

Appeal dismissed in part, allowed in part

Orders

  • Appeal dismissed in relation to disclosure requests 2, 3, 4, 7, 8, 9, 10, and 11.
  • Appeal allowed in relation to whether requests 1, 5, and 6 (as limited to three named employees and the period up to 30 April 2020) should be granted; matter remitted to the tribunal for further consideration of these requests.