All items: Tribunal and court procedure

expand
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.
expand
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.
expand
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.

About this category

Precedent-setting cases from the EAT and appellate courts, along with reports of selected tribunal cases, relating to religion or belief discrimination: tribunal and court procedure.

Task categories

Example tasks

Key topics

Employment law

Templates and workflow

General HR

Surveys and benchmarking

Employment law: Quick look-up

Employment law support

Good practice

XpertHR.co.uk

Law reports

All items: Tribunal and court procedure

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

Employee entitled to gist of evidence despite closed procedure

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

Unison's challenge to employment tribunal fees fails

About this category

Explore XpertHR

Learn more

Get in touch

Connect with us

Main navigation

Task categories

Example tasks

Key topics

Trending topics

Employment law

Templates and workflow

General HR

Surveys and benchmarking

Employment law: Quick look-up

Employment law support

Good practice

XpertHR.co.uk

Law reports

All items: Tribunal and court procedure

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

Employee entitled to gist of evidence despite closed procedure

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

Unison's challenge to employment tribunal fees fails

About this category

Explore XpertHR

Learn more

Get in touch

Connect with us