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

Immigration rules post Brexit

Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.

View blog

Remote trials – here to stay?

With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.

View blog

“Please release me, let me go” Government to consult on removal of non-compete clauses

The Government has announced a consultation exercise into the possible removal of non-compete clauses in employment contracts which will run until 26 February 2021.

View blog

Directors who fail to prepare, should prepare to fail

Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up