Sivanandan v. Hackney Action for Race Equality (HARE) [2001] UKEAT 1145_00_0102 (1 February 2001)

Sivanandan v. Hackney Action for Race Equality (HARE) [2001] UKEAT 1145_00_0102 (1 February 2001)

The tribunal applied the wrong test for disclosure by ordering discovery on the basis that it was not satisfied the documents were not relevant, rather than concluding they were likely to be relevant. The blanket order was oppressive and excessive, failing to protect confidentiality and exceeding what was necessary for the issues in dispute.

Citation
[2001] UKEAT 1145_00_0102
Parties
Appellant: Ms Sivanandan; Respondent: Hackney Action for Racial Equality
Jurisdiction
United Kingdom
Judgment Date
01 February 2001
Procedural Posture
Employment Tribunal Appeal / Interlocutory Appeal Against Disclosure Order
Outcome
Appeal allowed; order quashed
Legal Topics
Disclosure, Relevance of Evidence, Discrimination, Confidentiality
Employment Law Civil Procedure Disclosure Relevance of Evidence Discrimination Confidentiality

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Sivanandan

Appellant

Hackney Action for Racial Equality

Respondent

Procedural Posture

Employment Tribunal Appeal / Interlocutory Appeal Against Disclosure Order

Legal Issues

  1. 1 Whether the Employment Tribunal's order for blanket disclosure of diaries and contemporaneous notes was justified and lawful
  2. 2 Whether the correct legal test for relevance was applied in ordering disclosure

Ratio Decidendi

The tribunal applied the wrong test for disclosure by ordering discovery on the basis that it was not satisfied the documents were not relevant, rather than concluding they were likely to be relevant. The blanket order was oppressive and excessive, failing to protect confidentiality and exceeding what was necessary for the issues in dispute.

Court Disposition

Appeal allowed; order quashed

Orders

  • The Employment Tribunal's disclosure order is quashed.