Mr J Feeney, Counsel For the v Respondent — 2020

The claimant, AB, brought complaints of discrimination arising in consequence of disability under section 15 Equality Act 2010 and failure to make reasonable adjustments under sections 20 and 21. The respondent had conceded disability before this hearing. This reserved judgment by Employment Judge Bedeau on 16 July 2020 concerned the claimant's applications for the final hearing to be held in private, for anonymisation of the claimant and his wife, and for a restricted reporting order; the final merits hearing remained listed for April 2021.

The tribunal refused to conduct the final hearing, or part of it, in private. Applying the principle of open justice together with rule 50 and the Convention rights relied on, the judge held that no medical evidence had been produced to show that a public hearing would make it necessary to derogate from open justice. The judge also held that the claimant had not shown that his article 6 or article 8 rights would be seriously compromised by a public hearing, and that the presence of the tribunal and representatives would remain even if the public and press were excluded.

The tribunal also refused the claimant's applications for anonymisation of himself and his wife. The judge noted the absence of a witness statement from the wife and was not satisfied that anonymisation would address the concerns advanced. By contrast, the tribunal did make a restricted reporting order because the complaint related to disability and evidence of a personal nature was likely to be heard. The order prohibited publication of identifying material about the claimant and his wife until promulgation of the final hearing judgment, and the judge said the claimant could renew the application if there were material changes in his circumstances.