Kumar v MES Environmental Ltd [2022] EAT 60 (2 March 2022)

Kumar v MES Environmental Ltd [2022] EAT 60 (2 March 2022)

The Employment Tribunal judge erred in refusing the claimant's application for a transcript of the hearing on the basis that there was no legal entitlement. Where an Employment Tribunal hearing has been audio-recorded by HMCTS, a party may apply for a transcript, subject to payment and established protocols, even though the rules are silent. However, this does not extend to a verbatim transcript of the oral delivery of the tribunal’s reasons, for which the written reasons remain definitive.

Citation
[2022] EAT 60
Parties
Appellant: Mr R Kumar; Respondent: MES Environmental Limited
Jurisdiction
United Kingdom
Judgment Date
02 March 2022
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal to Provide Transcript of Employment Tribunal Hearing
Outcome
Appeal allowed
Legal Topics
Transcripts of Proceedings, Audio Recording of Hearings, Employment Tribunal Procedure, Access to Court Records
Employment Law Civil Procedure Transcripts of Proceedings Audio Recording of Hearings Employment Tribunal Procedure Access to Court Records

Case Brief

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Parties

Mr R Kumar

Appellant

MES Environmental Limited

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal to Provide Transcript of Employment Tribunal Hearing

Legal Issues

  1. 1 Whether a party to an Employment Tribunal hearing that has been audio-recorded by HMCTS is entitled to apply for a transcript of the proceedings
  2. 2 Whether the Employment Tribunal judge erred in refusing the claimant's application for a transcript

Ratio Decidendi

The Employment Tribunal judge erred in refusing the claimant's application for a transcript of the hearing on the basis that there was no legal entitlement. Where an Employment Tribunal hearing has been audio-recorded by HMCTS, a party may apply for a transcript, subject to payment and established protocols, even though the rules are silent. However, this does not extend to a verbatim transcript of the oral delivery of the tribunal’s reasons, for which the written reasons remain definitive.

Court Disposition

Appeal allowed

Orders

  • The Employment Tribunal judge's decision refusing the transcript request is set aside.
  • The claimant's application for a transcript of the audio-recorded hearing (excluding the oral delivery of reasons) should be processed by the administration.