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restrictions on publicity

Tribunal hearings are normally open to the public, including the press. Cases involving national security issues may be held in private, and the tribunal may also hear evidence in private in some other limited circumstances. These include where the witness may reveal information that he or she was given in confidence and where the business in which the witness works would be substantially damaged if his or her evidence were made public.

Restricted reporting order

If a case involves allegations of sexual misconduct, including sexual harassment, the tribunal may order that the people involved in the allegations should not be identified in any publication, including the press. This is known as a 'restricted reporting order'. The restriction is lifted once liability and remedy have been determined, or earlier if the tribunal so decides. If a case involves an allegation of a sexual offence under the criminal law, a restricted reporting order may be made and the tribunal's decision will also be altered to remove anything that might identify the person affected by or making the allegation.

A restricted reporting order can also be made in a disability discrimination case, if evidence of a personal nature is likely to be heard by the tribunal.

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The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.