Northampton Borough Council v Wolstenholme [2018] UKEAT 0130_18_0410 (4 October 2018)

The Tribunal erred in law by ordering disclosure that would breach section 19(5) of the Anti-Terrorism, Crime and Security Act 2001 and by failing to provide reasons for its decision.

Citation: [2018] UKEAT 0130_18_0410
Parties: Appellant Advocate: Paul Bownes; Respondent: Margaret Wolstenholme
Jurisdiction: United Kingdom
Judgment Date: 04 October 2018
Procedural Posture: Employment Tribunal Appeal / Full Hearing
Outcome: Appeal allowed
Legal Topics: Disclosure of HMRC Information, Statutory Restrictions on Disclosure, Employment Dismissal

Employment Law Disclosure Disclosure of HMRC Information Statutory Restrictions on Disclosure Employment Dismissal

Case Brief

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Parties

Paul Bownes

Appellant Advocate

Margaret Wolstenholme

Respondent

Procedural Posture

Employment Tribunal Appeal / Full Hearing

Legal Issues

1 Whether the Tribunal erred in law by ordering disclosure contrary to section 19(5) of the Anti-Terrorism, Crime and Security Act 2001
2 Whether reasons for the disclosure order were required and omitted

Ratio Decidendi

The Tribunal erred in law by ordering disclosure that would breach section 19(5) of the Anti-Terrorism, Crime and Security Act 2001 and by failing to provide reasons for its decision.

Court Disposition

Appeal allowed

Orders

Disclosure Order set aside
Matter remitted to Tribunal for reconsideration