ANONYMITY IN EMPLOYMENT TRIBUNALS

13 August 2018

• employment law solicitors
• Employment law liverpool
• freedom of expression
• Employment tribunal claim
• employment and HR liverpool
• confidentiality
• anonymity
• anonymity order
• witness statements
• right to anonymity
• open justice

Anonymity currently remains conflicted in the early life of employment tribunals especially in relation to more delicate circumstances, such as sexual harassment in the workplace. Although when it does not involve criminal proceedings, anonymity is used to protect the reputation of all parties.

In some circumstances, employers facing an employment tribunal can claim for an anonymity order to protect their organisation. However, they must give valid reasoning for waving their right to anonymity and avoiding open justice.

Facing an employment tribunal claim can be problematic for employers, due to the negative press they may receive as a result, which may impact the organisations reputation, which is why applying for anonymity may be something to consider.

When making an application for anonymity, it is important to consider the pre-eminence of freedom of expression and open justice in an employment tribunal. As a tribunal judge will prioritise open justice, in order to show the public that ample justice has been provided.

Therefore, an application should be made as an exception rather than a definitive rule, and employers should be mindful about exposing tactical motivations for obtaining an anonymity order, which can lead to further costs incurred.

Employers should consider their application carefully, laying out the extent of protection in terms of who is protected and for what length of time. Employers should also make sure that they request a private hearing, where they can provide substantial reasoning as well as detailed information including witness statements from specific parties, witnesses, and any other sources that they wish to remain anonymous.