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Race discrimination: Fair trial possible without requested disclosure

This report relates to 1 case(s)

  • expand disabled

    Barracks v Metropolitan Police Commissioner and another [2005] All ER (D) 193 (Oct) EAT (0 other reports)

Key points

In Commissioner of Police of the Metropolis and another v Barracks 18.10.05 UKEAT/0394/05/DA, the EAT holds:

  • The employment tribunal chair at a case management conference had been wrong to order the Metropolitan Police to provide information as to why a black, female officer had not been selected for Operation Trident, and to seek to enforce the provision of information by the threat of striking out for unreasonable conduct.
  • In this case the intelligence sensitivity of the role and the nature of information that might be revealed justified the Metropolitan Police's contention that they were prohibited by law not only from telling the applicant why she had failed the vetting check but also from disclosing the legal basis that prevented disclosure.