Compass Group Plc & Anor v Guardian News and Media Ltd & Anor (Practice And Procedure : Rule 44) [2014] UKEAT 0441_14_1812 (18 December 2014)

Compass Group Plc & Anor v Guardian News and Media Ltd & Anor (Practice And Procedure : Rule 44) [2014] UKEAT 0441_14_1812 (18 December 2014)

The Employment Judge's use of 'submitted' rather than 'admitted in evidence' indicates a possible error of law; the matter is remitted for redetermination to clarify whether an order was made excluding parts of the statement from evidence, which is determinative for public inspection rights under Rule 44.

Citation
[2014] UKEAT 0441_14_1812
Parties
Appellant: Compass Group plc and ESS Support Services LLP; Intervener: Guardian News and Media Ltd; Respondent: Mr K Pabani
Jurisdiction
United Kingdom
Judgment Date
18 December 2014
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Decision on Public Inspection of Witness Statements
Outcome
Appeal allowed; matter remitted for redetermination
Legal Topics
Open Justice, Inspection of Evidence, Witness Statements, Tribunal Procedure, Protected Disclosures, Whistleblowing
Employment Law Civil Procedure Open Justice Inspection of Evidence Witness Statements Tribunal Procedure Protected Disclosures Whistleblowing

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Parties

Compass Group plc and ESS Support Services LLP

Appellant

Guardian News and Media Ltd

Intervener

Mr K Pabani

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Decision on Public Inspection of Witness Statements

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct test under Rule 44 to determine if parts of the Claimant's witness statement were 'admitted in evidence' and thus open for public inspection

Ratio Decidendi

The Employment Judge's use of 'submitted' rather than 'admitted in evidence' indicates a possible error of law; the matter is remitted for redetermination to clarify whether an order was made excluding parts of the statement from evidence, which is determinative for public inspection rights under Rule 44.

Court Disposition

Appeal allowed; matter remitted for redetermination

Orders

  • Parties (including Guardian) may make written representations to Judge Fowell within 21 days
  • Judge Fowell to redetermine the question of public inspection of the witness statement in light of this judgment