Reputation Update: Reporting restrictions in the Employment Tribunal

Posted: July 26, 2019

A recent case has confirmed that the Employment Tribunal has jurisdiction to make a restricted reporting order beyond the date that judgment is handed down.  In  A & B v X & Y & Times Newspapers Limited, Times Newspapers applied to set aside a restricted reporting order made by the Employment Appeal Tribunal after the Claimant’s cases had been dismissed on withdrawal.

The EAT concluded that it had the power to make a restricted reporting order beyond the date of judgment on the basis of the Employment Tribunals Act 1996 section 30(3), under which it has the power to regulate its own procedure.

This case is a study in the Employment Tribunal restricting the publication of sensitive material when there is good reason to do so, and it will be interesting to see how this develops over time.

Jon Oakley, Partner, Simkins LLP