Employment Tribunals and Documents held Abroad

Can a UK Employment Tribunal compel the disclosure of documents held overseas by a parent company of a UK subsidiary? 

According to the Employment Appeal Tribunal in the recent case of Weatherford UK Ltd v Forbes, the answer is no.  An Employment Tribunal Judge can only order disclosure of documents or information possessed by a person (or Company) in the UK. This consequences of this decision are potentially significant for any employment case involving an employer based abroad or whose parent company is based abroad, and could create serious difficulties for a claimant seeking relevant evidence for his or her case. It remains to be seen whether this decision will be subject to challenge on appeal.”   

 For more information please contact Martin Sinclair or Nicola Gray or call 01224 632464.