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Employment lawEquality, diversity and inclusionEmployment tribunalsRace discriminationReligious discrimination

Employment tribunal of terrorist’s cousin must hear secret evidence for a fair case

by Personnel Today 5 May 2010
by Personnel Today 5 May 2010

The employment tribunal of the cousin of a convicted terrorist must hear secret evidence to ensure a fair case, the Court of Appeal has ruled.

Kashif Tariq, the cousin of Tanvir Hussain, who was found guilty of plotting to blow up trans-Atlantic airlines, has lodged a race and religious discrimination claim after he was suspended from his role as an immigration officer by the Home Office.

Tariq was suspended from his job in Portsmouth in August 2006 due to national security concerns.

The government had argued that most of the hearing should not be conducted in public and key evidence should be withheld from Tariq’s lawyers, the Daily Telegraph has reported.

But the Court of Appeal has ruled the Home Office should disclose the “essential gist” of the case against Tariq.

Lord Justice Maurice Kay said: “I appreciate that, in a particular case â€“ and we cannot yet know if this is one such â€“ this may put the public authority in the invidious position of having to make difficult decisions about disclosure and whether or how a claim is to be defended.”

Tariq’s barrister, Robin Allen, said “no-one has ever alleged he was involved in any terrorist activity” and it was wrong that his career had been damaged simply due to his family connections.

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He described Tariq as a “professional” civil servant “who is highly regarded by his peers and supervisors and who has an impeccable employment record”.

Allen added, since his suspension, the Home Office had “taken no steps to offer him alternative employment within the Civil Service and Tariq has been unable to work or advance his career in other ways for over three years.”

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