does the employment tribunal have the power to make an Order for disclosure against a party who is outside Great Britain?

5 February 2021

The Court of Appeal (CA) held yes in Sarnott v YZ.

The Claimant alleges that she was sexually harassed by Harvey Weinstein and the Respondent (and others) “knowingly helped” him carry those unlawful acts, contrary to section 112 of the Equality Act 2010.

The Respondent is a US citizen and lives and works in the US. An Order of disclosure was made against him as a part of ordinary case management. The Respondent appealed this decision arguing that because he lived in the US (and not Great Britain), the Employment Tribunal (ET) had no power to Order disclosure against him. He relied on the express wording of Rule 31 of the ET Rules of Procedure which states that “the Tribunal may order any person in Great Britain to disclose documents…” (emphasis added).

CA disagreed. It held that the ET’s powers to make orders against parties were contained in its general case management powers under Rule 29. So, where the person is a “party”, i.e., a named Respondent, then Rule 29 will apply and there is no restriction in respect of a person’s location.

The full judgement is available here.

This blog was brought to you by Joanne Sinclair, Trainee, didlaw.

related employment law news

EHRC closes Race Legal Support Fund but racism is still rife

22 November 2024

The Race Legal Support Fund was launched by the Employment and Human Rights Commission (EHRC) in November 2021 to tackle race discrimination, harassment and victimisation, not just in the workplace but in other settings, for example sports clubs and entertainment venues. The Fund was allocated £250,000 in its first year and had additional funding for […]

Is the alternative role suitable alternative employment?

20 November 2024

In a redundancy situation an affected employee may be offered suitable alternative employment by their employer. Then the question will become whether the employee will accept that offer or will leave the employment because of redundancy, which will usually depend on the alternative role’s suitability. Section 138(2) – (3) of the Employment Rights Act 1996 sets […]

What should I do if my flexible working request has been refused?

18 November 2024

This may depend on whether your request was made formally and whether it was rejected on eligibility grounds or refused for a business reason. Was your request made formally? A formal request for a flexible working arrangement is one made under section 80F(2) of the Employment Rights Act 1996 (Statute). This means the request must be […]

what our clients say

Outstanding!! I had a very tricky case that I had started with another firm, I decided to switch law firms to didlaw. They grabbed the case and transformed my position. We did end up going the distance but we did WIN!! I can not recommend didlaw more highly.

didlaw were utterly incredible throughout my difficult time. They were always on hand, whatever time, night or day, and helped me navigate this minefield of rules and laws. I would thoroughly recommend them to anyone needing employment support. Incredible service and humane interactions at all time.

Really professional, refreshingly direct and very efficient with your time. I dealt with the Principal Karen Jackson and one of her top support staff members. Always courteous, always on time and always followed through on their commitments. I always felt I was getting really well informed advice but with a highly pragmatic approach.

Specialist knowledge + smart thinking + excellent teamwork = record result! See Tribunal Case 2303683/18 and search for media coverage that speaks for itself. If you are an employee or claimant searching for the very best help with employment law, you have found what you are looking for. No question.

didlaw were brilliant on both the occasions I used them. I worked with Anita who was fantastic. They were supportive, professional, empathetic and knew the best way to negotiate. My interactions with the other members was also good, always there to listen and help. I can’t recommend them enough.

Very personal and prompt service. Use of telephone for discussions/updates.

The responsiveness was particularly valued – but the whole experience was excellent.

You showed you cared in every communication.

The team were very efficient and effective with great communications. Simple, no nonsense approach. Great and easy to understand advice. Very personable approach from all of the team which made me feel at ease and confident.

Although I was advised not to continue with my employment tribunal case, and this was disappointing, I do think it was the correct advice, and only wish I had used this solicitor earlier in my misconduct proceedings as I believe I would have had a more positive result. Thank you for your kindness and support from the office staff to the solicitor who were all very professional and caring.

Anita was very clear with her comms, very professional and very sensitive to my needs. Should I ever need legal advice again, she will be the first person I call. Thank you very much Anita.

Quick initial availability of Solicitor, and quick overall turnaround time.

Karen and her team were professional and transparent at all times. I was wary about instructing a law firm to act on my behalf, but am so glad I did. didlaw represented me to the highest level. The speed of reaching a conclusion for me was beyond my expectations. I will have no hesitation in recommending their practice. Karen made me feel valued and the advice given was brilliant at all times.

The fact that they provided total confidence in what we were doing and reassured we would reach the desired outcome, which they did. It was great from the off, how they listened and helped exactly how I wanted, providing solid advice and fighting my corner as any good lawyers would do.

For me, the process was really simple. I received clear and helpful advice and was able to complete all the paper work without having to travel to the office.

I really appreciated being kept in touch with expected timelines and being contacted accordingly. It meant I wasn’t having to wonder if things were happening or not. – Karen is an extremely open and honest person to work with. She sets realistic expectations and in my case exceeded those on delivery. Her and Emma also worked seamlessly with one another during holiday periods.

I dealt mainly with Karen and Anita on an employment issue. What I really appreciated is “they got it”. I didn’t have to continuously explain how I was feeling, they just knew. That helped a great deal, knowing that I was being believed. I have also had dealings with Michele, who was lovely. – Great knowledge of their field, but don’t take themselves too seriously, but know their stuff.

A very thorough job. Excellent service. Very friendly. I would like to say thank you very much.

The very quick and personal response and the very clear and positive advice from Karen.

Great experience. At a stressful time I was reassured I was in good hands. I appreciated the honesty & directness of the conversations throughout the process.

I was having a very difficult time with my employers and didlaw gave me the support and legal clout that I needed in order to reach a satisfactory conclusion. I found everyone at didlaw to be very helpful, friendly and easy to talk to. In particular, I was always treated with great respect and never felt “put down”, stupid or rushed when speaking to didlaw staff about my employment matter, I could say all that I needed to say and was always listened to.

Both Elizabeth McGlone and Kim Evans were SUPERB! They made an otherwise very stressful and unhappy time so much easier to bear. Kept things simple and costs down. The importance of the personal touch should never be underestimated. Thank you both. Can’t recommend you highly enough.

Beyond being a great professional, Yavnik has always been very empathetic, kind and understanding making me feel secure throughout the process.

Elizabeth saved my life. Honestly. She’s a powerhouse and genuinely one of the kindest people I’ve ever been lucky enough to know. I’ve come a long way, but without her none of this would have even been possible. Please tell her thank you and also my congrats to her too!

Didlaw is characterised by the team’s people-focused approach, genuine empathy and ability to provide astute legal advice.

Karen Jackson is superb at what she does; one of the best negotiators I have ever met; excellent client care skills; measured; knows both the law and how to use it. Provides good instructions at the right time and with the right degree of detail. A pleasure to work with.

Karen has a real skill in being able to deliver clear and coherent advice to vulnerable people in a manner which empowers them to make decisions about their rights and claims.

I can’t recommend Didlaw enough. From my initial telephone call right through to the end, their professionalism was exceptional. I absolutely trusted their advice which resulted in a wonderful outcome. Thank you!

Karen is passionate about holding organisations to account when they treat their employees unfairly at work. If you need legal experts to fight your corner then I strongly recommend that you contact the team at didlaw.

The whole process from the point of instruction to finish was smooth, well managed and quick. The relief of having Karen fight my corner was immense and I would recommend her and her firm in a heartbeat. Professional, slick, easy to talk to and generally awesome.

Immediate responsiveness, and complete efficiency to close the process in less than 2 days. Thank you!

Everyone I spoke to was professional and courteous but also kind and empathetic.

we are never far away, providing nationwide coverage.

As a nationwide employment law firm, we act for employees across the UK in employment discrimination cases. Contact us today to book your free telephone assessment.

Book Your FREE Consultation

© didlaw 2024

didlaw is a trading name of Didlaw Limited, a limited company registered in England & Wales under co. number 8642712.

The registered office is 3 Waterhouse Square, 138-142 Holborn, London, EC1N 2SW. Solicitor | Director Karen Jackson. Non-lawyer | Director Chris Jackson