0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Court of Appeal confirms all employment tribunal judgments must be published on the register, except in national security cases

16 August 2019

On 9 August 2019, the Court of Appeal held that neither the employment tribunal (“ET") nor the employment appeal tribunal (“EAT”) had explicit power to prevent employment judgments from being published on the Register, except in cases concerning national security.

Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online. Whilst there are certain qualifications to this rule (for example national security issues or protection of an individual’s human rights), the main reason for publication is to promote open justice. The Court of Appeal held that an order redacting a judgment further would be contrary to the principles of open justice and would also present practical difficulties.

In L v Q Ltd [2019] EWCA Civ 1417, the Claimant brought disability discrimination, harassment and victimisation claims against his employer. At the Claimant’s request, the ET granted permission for a private hearing and for party names to be anonymised. However, the ET also ordered that the judgment should not be placed on the register. The EAT set aside the ET’s order regarding publication and confirmed that the judgment should be published on the register, subject to redactions that were reasonably necessary to protect the parties’ identity.

The Claimant applied for permission to appeal the EAT’s decision and the following orders were sought on the basis they would be reasonable adjustments for the EAT to make:

  1. The judgment should not contain the nature and effect of the Claimant’s disabilities and two disturbing matters related to his disabilities; and
  2. The Claimant should be given the option of withdrawing his claim rather than having the judgment published on the register.

Clients should be aware, before a claim is presented, that on the determination of the case, the judgment and written reasons will be easily accessible to the general public to read in all but a very limited number of cases, although some redactions may be possible. The Court of Appeal has made clear that whilst redactions can be made to protect the parties and witnesses’ identity in some instances, judgments and written reasons will not be redacted to the extent that the documents become unclear to the general reader.

related opinions

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Furloughed employees entitled to full pay for redundancy purposes

The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

View blog

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

View blog

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up