AEL v Flight Centre (UK) Ltd

AEL v Flight Centre (UK) Ltd

The ET erred by failing to consider the second application for anonymity on its merits, wrongly treating the reconsideration application as relating to the earlier decision, and not conducting the required balancing exercise between open justice and privacy rights. The appeal was allowed and an anonymity order granted.

Parties
Appellant: AEL; Respondent: Flight Centre (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
22 July 2024
Procedural Posture
Employment Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Anonymity Orders, Open Justice, Case Management, Disability Impact, Reconsideration Applications

Case Brief

Summary, issues, holding and outcome

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Parties

AEL

Appellant

Flight Centre (UK) Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment

  1. 1 Whether the Employment Tribunal erred in failing to properly consider the application for anonymity and the reconsideration application
  2. 2 Whether the ET wrongly treated the application for reconsideration as relating to the earlier decision rather than the later application
  3. 3 Whether the ET failed to conduct the necessary balancing exercise between open justice and privacy rights

Ratio Decidendi

The ET erred by failing to consider the second application for anonymity on its merits, wrongly treating the reconsideration application as relating to the earlier decision, and not conducting the required balancing exercise between open justice and privacy rights. The appeal was allowed and an anonymity order granted.

Court Disposition

appeal allowed

Orders

  • Anonymity order granted: claimant to be referred to as 'AEL' in all judgments and public records.
  • Judgments on the public register to be revised to substitute 'AEL' for claimant's actual name.