F v J
[2023] EAT 92
AEL v Flight Centre (UK) Ltd
22 July 2024
[2024] EAT 116
Employment Appeal Tribunal
A woman sued her employer but wanted her name kept secret. The judge wrongly didn't consider her request properly. A higher court said the judge made a mistake and protected her identity because her case was settled and keeping her name secret wouldn't hurt the public's right to know.
Key Facts
- •Appellant (AEL) appealed an Employment Tribunal's (ET) refusal to grant her anonymity.
- •AEL made two applications for anonymity; the ET incorrectly considered only the first.
- •The ET's refusal was based on the principle of open justice, but AEL argued her disability and the compromise of her claims changed circumstances.
- •The Respondent did not oppose the appeal.
- •The EAT initially deemed the appeal not reasonably arguable, but a later hearing allowed it to proceed.
- •The EAT considered the case law regarding anonymity orders and the balance between open justice and Article 8 rights.
- •The EAT ultimately allowed the appeal and granted AEL anonymity.
Legal Principles
Open justice principle
Common law and Article 10 ECHR
Article 8 ECHR (right to respect for private and family life)
ECHR
Rule 50 ET Rules (anonymity orders)
Employment Tribunals (Rules of Procedure) 2013
Rule 70 ET Rules (applications for reconsideration)
Employment Tribunals (Rules of Procedure) 2013
Rule 29 ET Rules (case management orders)
Employment Tribunals (Rules of Procedure) 2013
Balancing exercise between open justice and Article 8 rights
Clifford v Millicom Services Limited [2023] IRLR 295
Power of EAT to grant anonymity orders
X v Y UKEAT/0302/18/RN and section 35(1) Employment Tribunals Act 1996
Outcomes
Appeal allowed.
The ET erred by failing to consider the second anonymity application on its merits and by improperly applying Rule 70 instead of Rule 29.
Anonymity order granted.
The EAT considered the changed circumstances (compromise of claims, disability impact statement), the lack of press interest, and the Respondent's lack of opposition. The EAT balanced the need for anonymity with the open justice principle.