The employment tribunal had erred in making an unless order, at a case management hearing in a race discrimination claim, requiring the police to disclose the reasons why an officer had failed a security vetting check, when the police believed that they were forbidden by law from disclosing either the information or the legal basis for the prohibition on disclosure, since the unless order unjustifiably prevented the police from defending the discrimination claim in the normal way by adducing evidence in their defence at the substantive hearing.

[2006] EWCA Civ 1041