N Bari v Richmond & Wandsworth Councils

N Bari v Richmond & Wandsworth Councils

The tribunal failed to provide adequate reasons addressing the application as it related to all pleaded claims, particularly direct discrimination and victimisation, and did not apply or articulate the correct legal test for disclosure and provision of information. The decision was not Meek-compliant and must be set aside.

Parties
Appellant: Mr N Bari; Respondents: Richmond and Wandsworth Councils
Jurisdiction
England and Wales
Judgment Date
22 April 2025
Procedural Posture
Employment Appeal / Appeal From Case Management Order Refusal
Outcome
appeal allowed
Legal Topics
Reasonable Adjustments, Disclosure, Case Management, Direct Discrimination, Victimisation, Harassment
Employment Law Discrimination Law Civil Procedure Reasonable Adjustments Disclosure Case Management Direct Discrimination Victimisation +1 more

Case Brief

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Parties

Mr N Bari

Appellant

Richmond and Wandsworth Councils

Respondents

Procedural Posture

Employment Appeal / Appeal From Case Management Order Refusal

Legal Issues

  1. 1 Whether the employment tribunal erred in refusing the claimant's application for a case-management order to compel the respondents to provide information in answer to questions.
  2. 2 Whether the tribunal applied the correct legal test for disclosure and provision of information.
  3. 3 Whether the tribunal's decision was Meek-compliant and adequately reasoned.

Ratio Decidendi

The tribunal failed to provide adequate reasons addressing the application as it related to all pleaded claims, particularly direct discrimination and victimisation, and did not apply or articulate the correct legal test for disclosure and provision of information. The decision was not Meek-compliant and must be set aside.

Court Disposition

appeal allowed

Orders

  • Matter remitted to the employment tribunal for fresh determination of the application by a different judge.
  • No further direction given as to procedure; tribunal to decide whether to allow further materials or submissions.