Home Office v Tariq [2010] IRLR 1065 CA

Reports relating to this case:

  • Tribunal national security provisions: Employee entitled to gist of evidence despite closed procedure

    Date:
    13 July 2010

    In Home Office v Tariq [2010] EWCA Civ 462 CA, the Court of Appeal held that the statutory provisions allowing employment tribunals to adopt closed material procedures in the interests of national security do not breach European law. However, the requirement for a fair hearing means that the claimant must be given the "gist" of any closed material on which the employer will rely.

  • Employee entitled to gist of evidence despite closed procedure

    Date:
    12 May 2010

    The Court of Appeal has held that closed material procedures, which are often used in cases that involve national security interests, do not breach European law. However, it also held that, when such procedures are used, the employee must be provided with the gist of the closed evidence on which the employer seeks to rely.