Disclosure

Case 4: The facts

Black police officer Ms Barracks was encouraged to apply for a position in a unit set up to reduce the level of gun crime in London’s black communities, but the job went to a white officer. She was given no reasons for her non-selection, except that she had failed the security clearance.

Barracks brought a claim of race discrimination, as part of which she asked the police to disclose the reasons for the security clearance failure. They refused, saying that they were prohibited by law from disclosing the reasons – and were also prohibited from telling her on which law they were relying in making this refusal.

The ruling

After hearing evidence in private from the police, the Employment Appeal Tribunal held that they were unable to disclose either the information requested or the law that prohibited its disclosure. Barracks could proceed with her claim but without this information.

Chief Superintendent John Coles & Commissioner of Police of the Metropolis v Barracks UKEAT/0394/05