Page 200 - Law and the Media

Reporting Restrictions
Pre-hearing assessments, at which the tribunal considers the prospects of success of the
applicant, are not open to the public.

Advance information about forthcoming employment cases is given in a weekly press notice
issued by the Department for Work and Pensions. Case lists exhibited at each tribunal give
the names of the parties and the towns in which they live, together with the date, time and
place of the hearings. Tribunal staff will give the full addresses of the parties to the media
on request. They will also provide the media, on application, with a copy of a reserved
decision in any case.

An employment tribunal is a ‘body exercising the judicial power of the State’. As a result,
it qualifies as a ‘court’ under the Contempt of Court Act 1981 and has the power to make an
order under Section 4(2) or Section 11 (see sections 9.3 and 9.4 above). It can also make an
order under Section 39 of the Children and Young Persons Act 1933 (see part 9.5.1 above)
banning the identification of young persons under the age of 18 years.

To avoid lurid reporting deterring potential applicants from bringing valid claims, tribunals
have been given further significant powers to curtail reporting. Section 16 of the
Employment Tribunals Act 1996 (Constitution and Rules of Procedure) Regulations 2001
enables tribunals to make orders banning the publication of the identity of a person involved
in the proceedings in which allegations are made of sexual misconduct or conduct relating
to sex or sexual orientation. ‘Sexual misconduct’ is defined by Section 11(6) of the
Employment Tribunals Act 1996 as:

. . . the commission of a sexual offence, sexual harassment or other adverse
conduct (of whatever nature) related to sex, and conduct is related to sex whether
the relationship with sex lies in the character of the conduct or in its having
reference to the sex or sexual orientation of the person at whom the conduct is
directed.

An order restricting reporting may be made in cases involving allegations of discrimina-
tion where an individual has been diagnosed as HIV positive or has AIDS. The tribunal
may also restrict reporting in a disability discrimination case where evidence is likely to
be heard of a personal nature (Section 12 Employment Tribunal Acts 1996 and Section 16
Employment Tribunals Act 1996 (Constitution and Rules of Procedure) Regulations
2001).

The order restraining publication under the Employment Tribunals Act 1996 may last up to
the time when the tribunal hands down its decision on the case. The tribunal can also order
that the relevant name or names are permanently removed from all records of the case that
are available to the public. To report a case in contravention of an order will be an offence
punishable by a fine. It is a defence to prove that at the time of the alleged offence the person
charged with the offence was not aware and did not suspect the publication included the
matter subject to the restriction.
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