From 1st October 2004 the normal employment tribunal rules of procedure are set out in Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 schedule 1.

A "restricted reporting order" may be made by an Employment Tribunal and/or the EAT in any case involving an allegation of sexual misconduct and in Disability Discrimination Act cases involving evidence of a personal nature. The order specifies who may not be identified in a report of the case. Deliberate breach of such an order is a criminal offence.

Unless otherwise stated a restricted reporting order remains in force until both liability and remedy have been determined in the proceedings (Rule r.50(8)(b) of the 2004 Employment Tribunals Rules of Procedure). Until then, the media are allowed to report the case but not in a way which could lead to members of the public identifying anyone making or affected by the allegation or suffering from the disability.

Tribunals must consider whether it is in the public interest that the normal rights of the press to communicate information to the public should be restricted. Accordingly it would be wrong for a restricted reporting order to be granted simply because one or both of the parties request it ( X v Z Ltd 1998 ICR 43, CA and Scott v Scott [1913] AC 417).

To go back to a linked index of the rules, click here on Procedure of Employment Tribunals/2004 rules .

See also Disability Discrimination/Disability Discrimination Act 1995/restricted reporting orders .