Sanusi v Hackney & Ors [2003] UKEAT 1176_02_3107 (31 July 2003)

Sanusi v Hackney & Ors [2003] UKEAT 1176_02_3107 (31 July 2003)

The appeal was allowed in part because the tribunal had not properly applied the necessity and relevance test for disclosure of confidential documents. The judge personally reviewed the documents and ordered disclosure of the GT investigation report dated 8 February 2002 and the relevant email from PD, subject to undertakings regarding confidentiality and redaction of names.

Citation
[2003] UKEAT 1176_02_3107
Parties
Appellant: Appellant; Respondents: London Borough of Hackney and others
Jurisdiction
United Kingdom
Judgment Date
31 July 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Discovery
Outcome
Appeal allowed in part
Legal Topics
Race Discrimination, Discovery of Documents, Confidentiality in Employment Proceedings
Employment Law Discrimination Law Race Discrimination Discovery of Documents Confidentiality in Employment Proceedings

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 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Appellant

Appellant

London Borough of Hackney and others

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Discovery

Legal Issues

  1. 1 Whether confidential internal reports should be disclosed to the appellant for use as comparators in a race discrimination claim
  2. 2 Whether the necessity and relevance test for disclosure of confidential documents was properly applied

Ratio Decidendi

The appeal was allowed in part because the tribunal had not properly applied the necessity and relevance test for disclosure of confidential documents. The judge personally reviewed the documents and ordered disclosure of the GT investigation report dated 8 February 2002 and the relevant email from PD, subject to undertakings regarding confidentiality and redaction of names.

Court Disposition

Appeal allowed in part

Orders

  • Disclosure of the GT investigation report dated 8 February 2002 with appropriate redactions and confidentiality undertakings.
  • Disclosure of the email from PD as specified.