The Regional Employment Judge refused to be taken by counsel on behalf of the Respondent applicant to passages in the ET1 and witness statement of the Claimant the Respondent sought to be redacted. The principal point taken on appeal was that it was a denial of natural justice for the REJ to refuse to look at and consider individually the listed paragraphs in the ET1 and the two statements which were the subject of the application for redaction before him.

The EAT allowed the appeal. The decision was so unreasonable that the decision on the application could not stand. Counsel was inhibited from making submissions on material which was at the heart of the application.