R Kumar v MES Environmental Limited

R Kumar v MES Environmental Limited

The employment judge erred in law by refusing the claimant's request for a transcript of the audio-recorded hearing. Where HMCTS has audio-recorded a tribunal hearing, a party may apply for a transcript, subject to payment and protocols, unless there is a specific reason to refuse or restrict access. The absence of a rule in the 2013 Rules does not preclude such an application. However, this does not extend to a right to a verbatim transcript of the oral delivery of the tribunal's reasons, for which written reasons are definitive.

Parties
Appellant: MR R KUMAR; Respondent: MES ENVIRONMENTAL LIMITED
Jurisdiction
England and Wales
Judgment Date
02 March 2022
Procedural Posture
Employment Appeal / Appeal From Tribunal Decision on Transcript Entitlement
Outcome
appeal allowed
Legal Topics
Transcript Requests, Audio Recording of Proceedings, Employment Tribunal Procedure
Employment Law Practice and Procedure Transcript Requests Audio Recording of Proceedings Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

MR R KUMAR

Appellant

MES ENVIRONMENTAL LIMITED

Respondent

Procedural Posture

Employment Appeal / Appeal From Tribunal Decision on Transcript Entitlement

Legal Issues

  1. 1 Whether a party may apply for a transcript of an employment tribunal hearing that was audio-recorded by HMCTS
  2. 2 Whether the Employment Tribunal Rules of Procedure 2013 preclude such an application
  3. 3 Whether the judge erred in refusing the transcript request

Ratio Decidendi

The employment judge erred in law by refusing the claimant's request for a transcript of the audio-recorded hearing. Where HMCTS has audio-recorded a tribunal hearing, a party may apply for a transcript, subject to payment and protocols, unless there is a specific reason to refuse or restrict access. The absence of a rule in the 2013 Rules does not preclude such an application. However, this does not extend to a right to a verbatim transcript of the oral delivery of the tribunal's reasons, for which written reasons are definitive.

Court Disposition

appeal allowed

Orders

  • The employment judge's decision refusing the transcript request is set aside.
  • The claimant's application for a transcript of the audio-recorded hearing (excluding the oral delivery of reasons) should be processed by the administration.