Compass Group plc and another v Guardian News Media Ltd and another

Employment – Unfair dismissal. The employee brought a claim for unfair dismissal against the employers. A journalist from the first respondent newspaper sought access to the employee's witness statement. The employment tribunal granted the request in respect of the whole of the statement, which it ruled had been submitted in evidence and was available for inspection. The respondent appealed. The Employment Appeal Tribunal held that the employment tribunal had not applied the correct test to determine whether or not parts of the employee's witness statement had been admitted in evidence for the purposes of r 44 of the Employment Tribunal Rules of Procedure, so that they were open for inspection to the public. The matter was remitted for redetermination.

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