Nass v Science Research Council (SRC)

Thursday 1st November 1979.

Counsel for the Appellant Nasse: Mr. R.I. KIDWELL, Q.C., and Mr. F. REYNOLDS
Solicitors: Messrs. Lawford &. Co.

Counsel for the Respondents Science Research Council: Mr. T.H. BINGHAM, Q.C. Mr. P.L. GIBSON and Mr. D.J. BLUNT.
Solicitor: The Treasury Solicitor.

Counsel for the Appellant Vyas: Mr. A.P. LESTER, Q.C., and Mr. F. REYNOLDS
Solicitors: Messrs. Bindman & Partners.

Counsel for the Respondents Leyland Cars (B L Cars Limited): Mr. R.S. ALEXANDER, O.C., and Mr. M, Howard
Solicitor: Mr. R.P.A. Coles.

Lords Present:

Lord Wilberforce
Lord Salmon
Lord Edmund-Davies
Lord Fraser of Tullybelton
Lord Scarman

Lord Wilberforce

My Lords,

Mrs. Nassé and Mr. Vyas, who are the two appellants in these conjoined appeals, have complained to industrial tribunals of discrimination against them by their employers.

Mrs. Nassé was employed as a clerical officer by the Science Research Council ("S.R.C.") a body incorporated by Royal Charter. She sought, unsuccessfully, promotion to the grade of executive officer and complained, originally, that she had been discriminated against on the ground of her activities in her trade union. Later she added a complaint of discrimination under the Sex Discrimination Act 1975.

Mr. Vyas was employed as a method analyst by Leyland Cars (BL Cars Limited) - "Leyland". He sought, unsuccessfully, a level transfer to another division in the company, and complained of discrimination on racial grounds: he is of Asian origin.

Each appeal raises the question whether and to what extent a complainant under the Employment Protection Act 1975, or the Sex Discrimination Act 1975 or the Race Relations Act 1976, may obtain discovery and inspection of documents, and, in particular, whether she or he is entitled to see confidential assessments, references, reports or other documents relating to the complainant and to other persons, particularly those persons who have been preferred to the complainant. In each case the employer has been willing to produce for inspection a certain amount of material. But in each case it objects to the disclosure of matters revealed in confidence on the ground, broadly, that this would involve a breach of the confidence under which the material came into existence, and would undermine the whole system and structure of promotion and employer management.

The appeals call for a decision on principle applicable generally to complaints of discrimination, but in the end these particular cases have to be decided, so I think it advisable to say something more about them before attempting generalisations. Mrs. Nassé, as other employees of the S.R.C., had made on her an annual confidential report. This form of report, commonly used in the public service, is made by the employee's immediate superior, by an officer senior to the reporting officer, and by the next senior officer to the latter. These reports to some extent involve an assessment of…