All items: Tribunal and court procedure

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  Home Office v Tariq [2010] IRLR 1065 CA (2 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. 

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  Home Office v Tariq [2011] IRLR 843 SC (1 report relating to this case)

  This decision from the Supreme Court, the highest court in the UK, is the leading decision on "gisting" (providing a claimant with enough information on the allegations against him or her to enable him or her to give instructions to his legal team so that those allegations could be challenged effectively) in closed material procedures in employment tribunals.

  • Closed material procedure: "gisting" not required where claimant's liberty not involved

    Date:

    19 July 2011

    The Supreme Court has held that closed material procedures are not contrary to EU law or the European Convention on Human Rights and that, where an individual's liberty is not involved, "gisting" is not required. 

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  R (on the application of Unison) v Lord Chancellor [2014] IRLR 266 HC (1 report relating to this case)

  • Unison's challenge to employment tribunal fees fails

    Date:

    7 February 2014

    The High Court has held that the Government's decision to introduce fees for individuals to bring employment tribunal claims is lawful.