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Tribunal Details Embarrassing?

Written by Carolyne Wahlen

Imagine this: an employee has taken you to tribunal.

And then, with the tribunal settled, they ask the Court of Appeal to withhold the tribunal ruling from the public register because the details are “embarrassing”.

Are they allowed to do this?

Well, here’s what happened recently in the case of L v Q.

In L v Q Ltd 2019 L had brought claims of disability discrimination, harassment and victimisation against his employer, Q Ltd (Q).

At the final hearing, L’s solicitors asked for the tribunal’s judgment to be anonymised and withheld from the public register. They submitted that L was embarrassed about aspects of his case and disability.

When the tribunal agreed to do this, Q appealed.

The Court of Appeal decided that, save for cases involving national security, there’s no explicit power to prohibit the publication of a judgment on the register.

The Court said that case details should not be edited to prevent potential embarrassment – whilst this can be unfortunate, all information should be available to assist readers in understanding the case.

However, the parties can be anonymised, but only where it’s deemed genuinely necessary.

So if an employee threatens you with a tribunal claim, politely tell them that all of the details will be made public when the tribunal makes the final decision. 

This may discourage some individuals from bringing claims.

Tribunal rulings must be published in full, even if the employee could be left red-faced.

And they often make for interesting reading!

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About Carolyne

Carolyne has run a successful business since 2003, is a well-respected speaker, and author of all things HR. There are many, many business owners across the country who have had their very stressful employee issues magically disappear because they’ve teamed up with Carolyne and Gap HR.

Why Gap HR?

We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager. Over 180 clients benefit from the experience and expertise of the Gap HR team.

 

Call us on 01491 598 600

Email me on cw@gaphr.co.uk

 

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Ask a Question

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Deb Green, Vermatech Pest Control

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Justin Wilkie, 2Excel Logistics

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

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“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

Helen Gordon, Kitecreative

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

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“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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