Asda Stores Ltd v. Thompson & Ors [2003] UKEAT 0063_03_1606 (16 June 2003)

Asda Stores Ltd v. Thompson & Ors [2003] UKEAT 0063_03_1606 (16 June 2003)

The Tribunal must not disclose any part of a witness statement that could identify an informant unless the informant consents. The Tribunal must review original statements, consider the employer's proposed redactions and explanations, and allow the employer to comment before finalising redactions. The applicants' counsel may review redactions under strict undertaking, but the applicants themselves may not. The Tribunal's discretion is not fettered by the EAT's prior ruling, but confidentiality is paramount in these circumstances. The Tribunal that conducts the redaction exercise should not hear the substantive case if the applicants' counsel participates in the redaction process.

Citation
[2003] UKEAT 0063_03_1606
Parties
Appellant/respondent (employer): Asda Stores Ltd; Respondent/applicant (employee): Mr Thompson; Respondent/applicant (employee): Mr Pullan; Respondent/applicant (employee): Miss Caller
Jurisdiction
United Kingdom
Judgment Date
16 June 2003
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal's Interlocutory Order on Disclosure of Confidential Witness Statements
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Confidentiality of Witness Statements, Disclosure and Redaction, Procedural Fairness, Tribunal Discretion
Employment Law Labour Law Civil Procedure Unfair Dismissal Confidentiality of Witness Statements Disclosure and Redaction Procedural Fairness Tribunal Discretion

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Parties

Asda Stores Ltd

Appellant/respondent (employer)

Mr Thompson

Respondent/applicant (employee)

Mr Pullan

Respondent/applicant (employee)

Miss Caller

Respondent/applicant (employee)

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal's Interlocutory Order on Disclosure of Confidential Witness Statements

Legal Issues

  1. 1 Whether the Employment Tribunal erred in ordering blanket disclosure of confidential witness statements to applicants
  2. 2 Whether the EAT's prior judgment (Wall J) fettered the Tribunal's discretion regarding redaction and disclosure
  3. 3 Whether the process for redaction and disclosure should allow employer submissions before disclosure to applicants

Ratio Decidendi

The Tribunal must not disclose any part of a witness statement that could identify an informant unless the informant consents. The Tribunal must review original statements, consider the employer's proposed redactions and explanations, and allow the employer to comment before finalising redactions. The applicants' counsel may review redactions under strict undertaking, but the applicants themselves may not. The Tribunal's discretion is not fettered by the EAT's prior ruling, but confidentiality is paramount in these circumstances. The Tribunal that conducts the redaction exercise should not hear the substantive case if the applicants' counsel participates in the redaction process.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Respondent to provide original witness statements and proposed redactions with explanations to the Tribunal.
  • Tribunal to consider employer's submissions before finalising redactions.