Information Commissioner's Office

Department for Business Enterprise and Regulatory Reform

2 October 2008, Central government

The complainant requested the names and addresses of respondents in Employment Tribunal applications. The public authority refused to disclose the information stating that it held the information on behalf of the Employment Tribunal and not in its own right. In the alternative the public authority relied on the exemption at section 36 of the Act to withhold the information. The Commissioner investigated and found that the information is held by the public authority in its own right and that the exemption at section 36 is engaged but the public interest in maintaining the exemption is outweighed by the public interest in disclosure of the information. The Commissioner therefore requires the public authority to disclosure the information within 35 calendar days of this notice. Information Tribunal appeal EA/2008/0087 allowed.

FOI 1: Upheld FOI 1: Upheld