Source: All England Reporter
Publisher Citation: [2010] All ER (D) 08 (May)
Neutral Citation: [2010] EWCA Civ 462
Court: Court of Appeal, Civil Division

Lord Neuberger MR, Maurice Kay and Sullivan LJJ

Representation Robin Allen QC and Paul Troop (instructed Russell Jones & Walker) for the employee.
  Judith Farbey (Special Advocate)(instructed by Simon Gomes, Special Advocates Support Office) for the employee.
  James Eadie QC and Catherine Callaghan (instructed by the Treasury Solicitor) for the Home Office.
Judgment Dates: 4 May 2010


Human rights - Right to a fair hearing - Employment proceedings - Use of closed material procedure in employment proceedings - Employee being suspended by Home Office owing to national security - Employee bringing discrimination proceedings in employment tribunal - Whether use of closed material procedure breaching EU law and human rights law - Whether employee entitled to be provided with allegations being made against him - Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, .

The Case

Human rights Right to a fair hearing. The Court of Appeal, Civil Division, upheld the Employment Appeal Tribunal's finding that the closed material procedure and use of a special advocate was not incompatible with the employee's right, under art 6 of the European Convention on Human Rights, to a fair hearing of his claim for discrimination, and was not contrary to EU law. The court also upheld the EAT's finding that the employee had to be provided with the allegations being made against him in sufficient detail to enable him to give instructions to his legal representatives so that those allegations could be effectively challenged.

Practice Areas

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