The recent case of Bari v Richmond and Wandsworth Councils [2025] EAT 54 provides guidance on how tribunals should approach applications for provision of information.
Background
The EAT has considered an appeal made by Mr Bari (“B”) arising from the Tribunal’s refusal of his application for particular information to be provided to him.
B was employed by Richmond and Wandsworth Councils (“Councils”) which operate a shared staffing arrangement, under which B worked for both as a Duty Manager. B suffers from arthritis and brought multiple claims under the Equality Act 2010 for disability discrimination.
During the course of his claims, B emailed the Councils to request answers to questions concerning adjustments made for disabled employees. The questions were quite complex and the Councils declined to answer. Accordingly, B applied to the Tribunal for specific disclosure of this information. However, the application was refused on the basis that it was not clear how the information would assist the Tribunal. B subsequently appealed to the EAT.
The EAT decision
The relevant legal test stipulates that a tribunal must consider relevance in relation to information being likely to assist or detract from either party’s case or issues within the case. The EAT highlighted the technical distinction between B’s request for answers to questions and disclosure of documents but found that a reasonable approach should be taken in the same way as if it had been a request for disclosure of documents.
The EAT concluded that the tribunal had erred by approaching B’s request based on whether or not the requested information would assist the Tribunal. This was the wrong approach and the Tribunal should have instead considered whether disclosure was relevant and necessary to the fair determination of the issues in the case. Accordingly, B’s appeal was allowed and the EAT has remitted the matter to the Tribunal to decide the application afresh.
Overall, the case provides some clarification in relation to the appropriate legal test when considering requests for information in the employment tribunal. In particular, it highlights the importance of procedural fairness and the need for Tribunals to carefully consider these types of applications to ensure the proceedings are conducted fairly.
If you have queries, concerns or require any assistance, please contact a member of the Employment team at Glaisyers ETL.
