Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment she has made of the potential impact of naming parties involved in employment tribunal cases on those people; and if she will make an assessment of the potential merits granting anonymity to parties involved in employment tribunal cases by default.

The Employment Tribunals Act 1996 and the Employment Tribunals Rules of Procedure 2013 (“the Rules”) govern how cases are handled in employment tribunals. Orders for anonymity are primarily governed by rule 50 of the Rules. This provides the employment tribunals the power to make an order restricting or preventing the disclosure of any aspect of proceedings, this may include an order that a party’s identity should not be disclosed to the public. Employment tribunals may only make such an order, where it is ‘necessary in the interests of justice’ and having regard to the principle of open justice and to the Convention right to freedom of expression. As such, the question of whether such an order should be granted is a judicial decision balancing the interests of justice with the need for transparency, and is taken on a case-by case basis.