Names must be given in FoI application

The Information Commissioner has ordered a government department to disclose to an unknown complainant the names and addresses of respondents in employment tribunal claims since 1 October 2004.

The application was made under the Freedom of Information Act 2000.

Previously the information was made available on a public register of tribunal applications, which also contained the names and addresses of claimants and general details of the type of claim.

The Department for Business, Enterprise and Regulatory Reform argued that the information was exempt from disclosure under section 36 because it would prejudice the effective conduct of public affairs. Among other things, employers’ reputations could be damaged by media coverage of unfounded claims; the chances of settlement were reduced; and it would make it easier for “ambulance chasers” to market their services direct.

The Commissioner, while accepting the exemption might apply, thought it was outweighed by the public interest in open justice in this case. He said that details of cases brought before courts and tribunals should normally be in the public domain, unless there is a good reason for confidentiality.