ODL Securities Ltd v. Brooks & Ors [2007] UKEAT 0285_07_2007 (20 June 2007)

ODL Securities Ltd v. Brooks & Ors [2007] UKEAT 0285_07_2007 (20 June 2007)

The Employment Tribunal Chairman erred in law by finding the requested disclosure irrelevant and disproportionate, failing to appreciate that the material was directly relevant to the pleaded issues of threats and constructive dismissal. The Respondent is entitled to disclosure or further information to ensure a fair hearing, subject to any public interest immunity or confidentiality claims by relevant authorities.

Citation
[2007] UKEAT 0285_07_2007
Parties
Claimants: Mr Brooks and three others; Respondent: ODL Securities Ltd
Jurisdiction
United Kingdom
Judgment Date
20 June 2007
Procedural Posture
Employment Tribunal Appeal / Interlocutory Appeal Against Case Management Disclosure Order
Outcome
Appeal allowed
Legal Topics
Disclosure, Constructive Dismissal, Protected Disclosures, Automatic Unfair Dismissal, Public Interest Immunity
Employment Law Civil Procedure Disclosure Constructive Dismissal Protected Disclosures Automatic Unfair Dismissal Public Interest Immunity

Case Brief

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Parties

Mr Brooks and three others

Claimants

ODL Securities Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Interlocutory Appeal Against Case Management Disclosure Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing disclosure/further information regarding police involvement and threats alleged by the Claimant
  2. 2 Whether the requested material is relevant and proportionate to the issues in the case
  3. 3 Whether public interest immunity or confidentiality prevents disclosure

Ratio Decidendi

The Employment Tribunal Chairman erred in law by finding the requested disclosure irrelevant and disproportionate, failing to appreciate that the material was directly relevant to the pleaded issues of threats and constructive dismissal. The Respondent is entitled to disclosure or further information to ensure a fair hearing, subject to any public interest immunity or confidentiality claims by relevant authorities.

Court Disposition

Appeal allowed

Orders

  • Order for disclosure and/or further information as sought by the Respondent, terms to be agreed between Counsel and attached to the order.
  • Order stayed until 4.00 pm on 25 June 2007 to allow relevant authorities to apply to be joined and seek to vary or revoke the order.