Dhanda v TSB Bank Plc [2017] UKEAT 0294_17_1312 (13 December 2017)

Dhanda v TSB Bank Plc [2017] UKEAT 0294_17_1312 (13 December 2017)

The Employment Judge erred in law by ordering general disclosure of all documentation between the Claimant and her Union without inspecting the documents or identifying the specific disputed issues to which the documents could be relevant. The correct approach requires inspection of the documents and a determination of necessity for fair disposal, not mere relevance or general disclosure.

Citation
[2017] UKEAT 0294_17_1312
Parties
Appellant/claimant: Mrs R Dhanda; Respondent: TSB Bank Plc
Jurisdiction
United Kingdom
Judgment Date
13 December 2017
Procedural Posture
Employment Appeal Tribunal / Expedited Appeal Against an Employment Judge's Disclosure Order
Outcome
Appeal allowed; disclosure order set aside.
Legal Topics
Disclosure, Confidentiality, Trade Union Rights, Human Rights (echr), Unfair Dismissal, Breach of Contract
Employment Law Civil Procedure Disclosure Confidentiality Trade Union Rights Human Rights (echr) Unfair Dismissal Breach of Contract

Case Brief

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Parties

Mrs R Dhanda

Appellant/claimant

TSB Bank Plc

Respondent

Procedural Posture

Employment Appeal Tribunal / Expedited Appeal Against an Employment Judge's Disclosure Order

Legal Issues

  1. 1 Whether the Employment Judge erred in law by ordering general disclosure of all documentation between the Claimant and her Union in connection with disciplinary issues
  2. 2 Whether the correct legal test for disclosure of confidential documents was applied
  3. 3 Whether the Employment Judge failed to carry out a balancing exercise between confidentiality and necessity for fair disposal of proceedings

Ratio Decidendi

The Employment Judge erred in law by ordering general disclosure of all documentation between the Claimant and her Union without inspecting the documents or identifying the specific disputed issues to which the documents could be relevant. The correct approach requires inspection of the documents and a determination of necessity for fair disposal, not mere relevance or general disclosure.

Court Disposition

Appeal allowed; disclosure order set aside.

Orders

  • The Employment Judge's order for disclosure is set aside.
  • If the Respondent wishes to renew its application for disclosure, it must identify with precision the disputed factual issues to which the correspondence could be relevant.