Disclosure of documents

Case 7: The facts

Office supervisor Ms Devon resigned because she believed her employer had not properly dealt with her harassment complaint. She brought a constructive dismissal claim, and asked the employer to provide as evidence copies of its investigation report, witness statements and notes of the interviews held with witnesses. The employer refused, saying that they were confidential.

The ruling

The Employment Appeal Tribunal (EAT) held that, while the employer had been entitled to treat the documents as confidential while Devon was still employed, their disclosure was necessary as part of the tribunal proceedings to ensure a fair trial as they were relevant to the issues to be decided. When there is an issue of confidentiality, the EAT said, the tribunal must weight that up against the interests of the parties in the proceedings.

National Probation Service v Devon UKEAT/0419/05