EAT Practice and Procedure – Claim of unfair dismissal (among other claims) where allegations of serious sexual assaults had been made which were not directly in issue in the proceedings but would be canvassed in evidence. The Judge made an order that the Claimant’s identity should be anonymised throughout the hearing under Rule 50. After promulgation of the substantive judgment (also anonymised) the Judge ordered permanent anonymity and the BBC appealed.
The appeal was allowed. The Judge erred in law in making the order. He failed to carry out a proper balancing exercise or to take account of relevant considerations in doing so, and relied on an invalid reason for granting the order, namely the risk of public misunderstanding that the allegations had not been investigated or proven and the devastating consequences for the Claimant that would flow from that.
Once the only factor relied on by the Judge as outweighing the principle of open justice and freedom of expression was disregarded as invalid, there was no rational basis for anonymity and no reason to remit the matter to the Judge. On the facts of this case, anonymity would constitute a disproportionate and unlawful interference with the paramount principle of open justice and the strong public interest in full publication.
Simler J
[2015] UKEAT 0385 – 14 – 1205
Bailii
England and Wales
Employment
Updated: 30 December 2021; Ref: scu.546507