Q&As

In employment tribunal proceedings, can the ET1 grounds of claim be freely disclosed to third parties before the claim is heard?

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Published on LexisPSL on 15/11/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • In employment tribunal proceedings, can the ET1 grounds of claim be freely disclosed to third parties before the claim is heard?
  • Restricted reporting orders
  • The Public Register
  • Disclosure
  • Information available for inspection at the hearing
  • Data protection issues

In employment tribunal proceedings, can the ET1 grounds of claim be freely disclosed to third parties before the claim is heard?

In addressing this query, you may wish to consider:

  1. whether a restricted reporting order is in place

  2. what information is held on the public register

  3. the rules on disclosure

  4. what information is available for inspection by the public at the employment tribunal hearing

  5. data protection issues under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018)

Restricted reporting orders

For information on restricted reporting orders generally, see Practice Note: Private hearings, restricted reporting, protecting individuals’ identity and national security: employment tribunals, in particular section: Restricted reporting orders.

The Public Register

Except in the case of a privacy or restricted reporting order (ET Rules, Rule 50) or national security proceedings (ET Rules, Rule 94), a copy of the ET judgment and any written reasons will be entered in the public register kept in accordance with the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237, reg 14 (ET Rules, Rule 67).

The public register does not contain the ET1 or ET3 pleadings.

Disclosure

If a document has been disclosed, the other parties may only use it for the purpose of

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