Employment and Discrimination Tribunal evidence (FOI)

Request

In relation to a tribunal case in 2017 (REF: 2017TRE205) under paragraph 24, it states “ because of an inspection by Michael Raine, an inspector for the Jersey Water Works [C 4.2]”.

Hugh Corden and P G Plumbing & Heating (2018) Limited (jerseylaw.je)

Please may you provide any written evidence provided by the Jersey Water Works in relation to this case?

Response

The judgment published on the jersey law site, from which quotes have been referenced in this request, provides the Deputy Chairman’s reasons for reaching the decision he made in that matter. The reference [C 4.2] is to a section of the Claimant’s bundle which supports the statement being made in the judgment in paragraph 24 which includes the wider quotation “…the Respondent says it discovered, because of an inspection by Michael Raine, an inspector for the Jersey Water Works [C 4.2], that…”. This makes it clear that it is the Respondent who says, referring to [C 4.2] in their bundle, that an inspection by Jersey Water Works caused them to discover something. There is nothing in the judgment to suggest that Jersey Water Works provided any written evidence to the Tribunal.

As allowed by Article 10 paragraph (2) of the Freedom of Information (Jersey) Law 2011 we neither confirm nor deny whether we hold any information in response to this request. 

Having considered the circumstances we are satisfied that, in all the circumstances of the case, it is in the public interest to neither confirm nor deny whether we hold any information in response to this request; this is because the Deputy Chairman has already included in his published judgment all the information he considers necessary to explain his reasons for reaching the decision he made in this matter.

Article applied

Article 10 - Obligation of scheduled public authority to confirm or deny holding Information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt

information or qualified exempt information if it had held it, the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.