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Vatish v Crown Prosecution Service - Restricted Reporting Orders in cases of alleged sexual misconduct [2011] EAT

A Restricted Reporting Order must be made in cases where a sexual offence is alleged; however, where the allegation is sexual misconduct, it should only be made if necessary in the interests of justice or to protect a person's privacy rights under the European Convention on Human Rights.

In certain cases, Restricted Reporting Orders (RRO) can be made under the Employment Tribunal Rules 2004. Rule 49 applies to cases involving the allegation of a sexual offence, and imposes a mandatory requirement for the permanent removal from the public record of the Tribunal of identifying matter. Rule 50, in cases of sexual misconduct, gives the tribunal a discretion to make a RRO which will prevent identification of people affected until proceedings are completed.

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