R Frewer v Google UK Limited & Ors

R Frewer v Google UK Limited & Ors

The tribunal’s orders for anonymisation and redaction were made in error of law because the tribunal failed to apply the correct legal principles, did not conduct the required structured analysis, and did not give proper regard to the open justice principle and the importance of naming parties. The matter must be remitted for reconsideration applying the correct legal tests.

Parties
Appellant: Mr R Frewer; Respondents: Google UK Limited and others
Jurisdiction
England and Wales
Judgment Date
17 March 2022
Procedural Posture
Employment Appeal / Appeal Judgment on Interlocutory Orders (redaction and Anonymisation)
Outcome
Orders set aside; matter remitted for reconsideration
Legal Topics
Disclosure of Documents, Redaction, Anonymity, Open Justice, Protected Disclosures, Unfair Dismissal, Wrongful Dismissal, Disability Discrimination
Employment Law Civil Procedure Disclosure of Documents Redaction Anonymity Open Justice Protected Disclosures Unfair Dismissal +2 more

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Parties

Mr R Frewer

Appellant

Google UK Limited and others

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment on Interlocutory Orders (redaction and Anonymisation)

Legal Issues

  1. 1 Whether the employment tribunal erred in law in granting orders for anonymisation of clients and redaction of documents without proper consideration of the open justice principle and the correct legal tests for disclosure and redaction.

Ratio Decidendi

The tribunal’s orders for anonymisation and redaction were made in error of law because the tribunal failed to apply the correct legal principles, did not conduct the required structured analysis, and did not give proper regard to the open justice principle and the importance of naming parties. The matter must be remitted for reconsideration applying the correct legal tests.

Court Disposition

Orders set aside; matter remitted for reconsideration

Orders

  • The orders for anonymisation and redaction are set aside.
  • The applications for redaction and anonymisation are to be reconsidered by the employment tribunal applying the correct legal principles and structured analysis.