Allen & Ors v Amalgamated Construction Co Ltd & Anor [1997] UKEAT 1112_97_0210 (2 October 1997)

Allen & Ors v Amalgamated Construction Co Ltd & Anor [1997] UKEAT 1112_97_0210 (2 October 1997)

Discovery of wage slips, tendering process documents, non-privileged correspondence regarding termination, and relevant board minutes is necessary for fair determination of the TUPE transfer issue; refusal by the Industrial Tribunal Chairman was unreasonable given the change in respondents' position and the relevance of these documents.

Citation
[1997] UKEAT 1112_97_0210
Parties
Applicant: Mine Workers (Appellants); Respondent: Amalgamated Construction Co. Ltd (AMCO); Respondent: A M Mining Services Ltd (AM)
Jurisdiction
United Kingdom
Judgment Date
02 October 1997
Procedural Posture
Interlocutory Appeal / Appeal Against Refusal of Discovery Orders by Industrial Tribunal Chairman
Outcome
appeal allowed in part
Legal Topics
Discovery, Transfer of Undertakings, TUPE, Redundancy, Employment Contracts
Employment Law Civil Procedure Discovery Transfer of Undertakings TUPE Redundancy Employment Contracts

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Parties

Mine Workers (Appellants)

Applicant

Amalgamated Construction Co. Ltd (AMCO)

Respondent

A M Mining Services Ltd (AM)

Respondent

Procedural Posture

Interlocutory Appeal / Appeal Against Refusal of Discovery Orders by Industrial Tribunal Chairman

Legal Issues

  1. 1 Whether the requested discovery is necessary for determination of TUPE transfer issue
  2. 2 Whether the Industrial Tribunal Chairman erred in refusing discovery requests

Ratio Decidendi

Discovery of wage slips, tendering process documents, non-privileged correspondence regarding termination, and relevant board minutes is necessary for fair determination of the TUPE transfer issue; refusal by the Industrial Tribunal Chairman was unreasonable given the change in respondents' position and the relevance of these documents.

Court Disposition

appeal allowed in part

Orders

  • Respondent (AMCO) to disclose wage slips for appellants from 1 July 1994 onward.
  • Respondent (AMCO) to disclose tendering process documents including letters inviting tenders, tenders, correspondence, and letters accepting tenders, including correspondence with AM and parent company.