Osborne v. Valve (Engineering) Services Ltd & Anor [2000] UKEAT 236_00_0803 (8 March 2000)

Osborne v. Valve (Engineering) Services Ltd & Anor [2000] UKEAT 236_00_0803 (8 March 2000)

The tape recording and transcript are material to the claims for unfair dismissal and sex discrimination, and there are no reasonable grounds for apprehending danger to Mrs Osborne from disclosure, particularly as the respondents have undertaken not to use the material outside the tribunal proceedings. Privilege against self-incrimination does not apply in these circumstances.

Citation
[2000] UKEAT 236_00_0803
Parties
Appellant: Mrs Osborne; Respondent: Mr Webb; Respondent: Valve (Engineering) Services Ltd
Jurisdiction
United Kingdom
Judgment Date
08 March 2000
Procedural Posture
Employment Appeal / Interlocutory Appeal From Employment Tribunal Order
Outcome
appeal dismissed
Legal Topics
Privilege Against Self Incrimination, Unfair Dismissal, Sex Discrimination, Disclosure of Evidence
Employment Law Human Rights Law Privilege Against Self Incrimination Unfair Dismissal Sex Discrimination Disclosure of Evidence

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Parties

Mrs Osborne

Appellant

Mr Webb

Respondent

Valve (Engineering) Services Ltd

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal From Employment Tribunal Order

Legal Issues

  1. 1 Whether Mrs Osborne is entitled to privilege against self-incrimination to resist disclosure of a tape recording and transcript of a conversation relevant to her claims for unfair dismissal and sex discrimination.
  2. 2 Whether the contents of the tape recording are material to the issues in the case.

Ratio Decidendi

The tape recording and transcript are material to the claims for unfair dismissal and sex discrimination, and there are no reasonable grounds for apprehending danger to Mrs Osborne from disclosure, particularly as the respondents have undertaken not to use the material outside the tribunal proceedings. Privilege against self-incrimination does not apply in these circumstances.

Court Disposition

appeal dismissed

Orders

  • Mrs Osborne to deliver the original tape to the respondents' solicitors by 10am on 9 March 2000 and for it to be returned to her solicitors by noon on 10 March 2000.
  • Respondents to give an undertaking not to use the tape or transcript for any purpose unconnected with the Employment Tribunal proceedings or to disclose it to any other person except for the purpose of the tribunal proceedings.