Unison v Nolan & Ors [1995] UKEAT 1244_95_3011 (30 November 1995)

Unison v Nolan & Ors [1995] UKEAT 1244_95_3011 (30 November 1995)

The notes of interviews with witnesses were confidential, not relevant to the NEC's motivation (the central issue in the victimisation claim), and not necessary for fair disposal given disclosure of the Picking report. The Tribunal's order for further discovery was flawed and must be quashed except as to the Picking report.

Citation
[1995] UKEAT 1244_95_3011
Parties
Appellant: UNISON; Respondents: NALGO Shop Stewards (Liverpool)
Jurisdiction
United Kingdom
Judgment Date
30 November 1995
Procedural Posture
Appeal / Appeal From Industrial Tribunal Order for Discovery
Outcome
Appeal allowed in part
Legal Topics
Discovery, Confidentiality, Victimisation, Trade Union Discipline
Employment Law Discrimination Law Discovery Confidentiality Victimisation Trade Union Discipline

Case Brief

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Parties

UNISON

Appellant

NALGO Shop Stewards (Liverpool)

Respondents

Procedural Posture

Appeal / Appeal From Industrial Tribunal Order for Discovery

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in ordering discovery of confidential witness interview notes in a victimisation claim under the Race Relations Act 1976
  2. 2 Whether such discovery was relevant and necessary for fair disposal of the proceedings

Ratio Decidendi

The notes of interviews with witnesses were confidential, not relevant to the NEC's motivation (the central issue in the victimisation claim), and not necessary for fair disposal given disclosure of the Picking report. The Tribunal's order for further discovery was flawed and must be quashed except as to the Picking report.

Court Disposition

Appeal allowed in part

Orders

  • Order for discovery stands only in respect of the Picking report already disclosed; order for discovery of interview notes quashed.