Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Vexatious claimsEmployment law

Legal Q&A: Libel and confidentiality

by Personnel Today 5 Sep 2006
by Personnel Today 5 Sep 2006

Employment disputes that attract media attention can cause immense damage to an employer’s reputation, and can also lead to the disclosure of commercially sensitive information and distressing publicity about employees’ private lives.

Can witnesses in employment tribunal proceedings be sued for libel or slander?

Almost never. Statements made during tribunal proceedings benefit from the defence of absolute privilege, unless the statement has nothing whatsoever to do with the subject matter of the case. The rule extends to witness statements, documents supplied as evidence and other documents published in the course of, and for the purpose of, the proceedings. An employer is, therefore, at the mercy of a disgruntled ex-employee who wishes to court publicity by making outlandish allegations. However, the employer is also protected against vexatious defamation claims that might be brought in respect of statements it makes or its employees make in defence of the claim.

What can an employer do when a tribunal hearing attracts adverse media coverage?

Usually very little. A contemporaneous, fair and accurate report of a public hearing is protected by absolute privilege. Later reports will often be protected by qualified privilege. Commentary on a privileged report will usually be protected as fair comment. So employers must act pre-emptively, such as by resisting disclosure of the information in the first place, or invoking the tribunal’s limited powers to sit in private or restrict reporting.

Can an employer resist disclosure of confidential or private information in the course of tribunal proceedings?

The fact that information is confidential or private is not a ground for non-disclosure, but the tribunal will take it into account and will only order its disclosure to ensure a fair hearing.

Can the tribunal sit in private?

Yes. Case management discussions are held in private. The tribunal can sit in private for national security reasons and if it is likely to hear:

  • information whose disclosure is prevented by other legislation
  • confidential information
  • information whose disclosure would cause substantial injury (other than by affecting collective bargaining with employees) to the business in which the witness works.

The Employment Appeal Tribunal has held that playing a video containing personal information about a non-party would infringe their right to privacy, and contravene section 6 of the Human Rights Act 1998. So the tribunal was entitled to sit in private when the video was played (XXX v YYY [2004] IRLR 137).

Can the tribunal restrict the reporting of a public hearing?

Only in cases involving allegations of sexual misconduct and in disability discrimination cases. In sexual misconduct cases, a restricted reporting order (RRO) may be made, prohibiting the identification not only of the alleged victim, but also of any person ‘affected by’ the allegation. The rule only applies to people, not companies, but it has been generously interpreted to cover the alleged perpetrators of sexual misconduct. Employers can apply for an RRO to protect employees who are accused of sexual harassment.

In disability cases, a complainant may apply for an RRO to prevent them (or others) being identified where medical or other intimate evidence is given, and it is reasonable to assume that it would cause them significant embarrassment if reported.

RROs are only effective until the judgment disposing of the claim is sent to the parties. However, if the allegations of sexual misconduct amount to allegations of sexual offences, then the alleged victim is entitled to lifetime anonymity and the tribunal is required to omit identifying material from the Register and any other publicly available document.

What documents can the public obtain from the tribunal?

A Employment tribunals hold a Register, which is open to public inspection and which must contain copies of all judgments and written reasons for decisions. However, written reasons may be omitted where the tribunal has sat in private and material identifying the victim of an alleged sexual offence must also be omitted.

Unlike the Civil Procedure Rules, the Employment Tribunal Rules do not expressly provide for public access to witness statements, statements of case or other documents.

Q&A on handling high-profile employment claims

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

See the September issue of Employers’ Law (out on 13 September) for further advice about how to manage the consequences of a tribunal claim

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Skills crisis exacerbated by failure to train staff
next post
Whitehall HR failings let sacked staff off the hook

You may also like

Fire and rehire: the relocation question

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+