Representation:

save in specified cases, employment tribunal hearings "of or in connection with an originating application" must take place in public. Under the rules of procedure an employment tribunal has no jurisdiction save in specified cases to sit in private and therefore a decision made at a hearing behind locked doors is void and must be quashed even if no member of the public was actually excluded.

editor's note - the employer was later refused leave to appeal to the House of Lords (on 29th June 2000).

For relevant general notes see Employment tribunals/hearings must be in public and/or Procedure of Employment Tribunals/2004 rules/rule 16 - hearings which may be held in private .