Punjab National Bank (International) Ltd & Ors v Gosain (Practice and Procedure : Preliminary issues) [2014] UKEAT 0003_14_0701 (07 January 2014)

Punjab National Bank (International) Ltd & Ors v Gosain (Practice and Procedure : Preliminary issues) [2014] UKEAT 0003_14_0701 (07 January 2014)

The Employment Judge correctly balanced the general rule of admissibility of relevant evidence against the public policy interest in confidentiality of private deliberations, and permissibly concluded that the recordings were admissible as the comments did not constitute protected deliberations.

Citation
[2014] UKEAT 0003_14_0701
Parties
Claimant: Ms Gosain; Respondents: Punjab National Bank (International) Ltd and Others
Jurisdiction
United Kingdom
Judgment Date
07 January 2014
Procedural Posture
Employment Tribunal Appeal / Appeal Against Preliminary Evidentiary Ruling
Outcome
Appeal dismissed
Legal Topics
Admissibility of Covert Recordings, Sexual Harassment, Sex Discrimination, Constructive Unfair Dismissal, Case Management Discretion
Employment Law Evidence Admissibility of Covert Recordings Sexual Harassment Sex Discrimination Constructive Unfair Dismissal Case Management Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ms Gosain

Claimant

Punjab National Bank (International) Ltd and Others

Respondents

Procedural Posture

Employment Tribunal Appeal / Appeal Against Preliminary Evidentiary Ruling

Legal Issues

  1. 1 Whether covert recordings of private discussions during grievance and disciplinary hearings are admissible in evidence at trial
  2. 2 Whether the Employment Judge erred in distinguishing the facts from Amwell View School Governors v Dogherty
  3. 3 Whether the order admitting the recordings was too wide

Ratio Decidendi

The Employment Judge correctly balanced the general rule of admissibility of relevant evidence against the public policy interest in confidentiality of private deliberations, and permissibly concluded that the recordings were admissible as the comments did not constitute protected deliberations.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the McNeill ruling is dismissed.
  • The appeal against the Smail order is dismissed.