F v J

F v J

The Employment Tribunal erred in law by setting too high a threshold for anonymity, requiring objective proof and medical evidence of harm, rather than assessing whether the claimant’s concerns had a reasonable foundation. The evidence showed that the claimant’s fears were genuinely and reasonably held, and the interference with open justice was minor. Anonymity for both parties was necessary and not contrary to the public interest.

Parties
Appellant: F; Respondent: J
Jurisdiction
England and Wales
Judgment Date
19 March 2025
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; tribunal decision set aside; anonymity order granted for both parties.
Legal Topics
Disability Discrimination, Anonymity Orders, Open Justice
Employment Law Equality Law Disability Discrimination Anonymity Orders Open Justice

Case Brief

Summary, issues, holding and outcome

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Parties

F

Appellant

J

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test in refusing anonymity for the claimant under Rule 50 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
  2. 2 Whether the claimant's concerns about future professional harm justified derogation from the principle of open justice

Ratio Decidendi

The Employment Tribunal erred in law by setting too high a threshold for anonymity, requiring objective proof and medical evidence of harm, rather than assessing whether the claimant’s concerns had a reasonable foundation. The evidence showed that the claimant’s fears were genuinely and reasonably held, and the interference with open justice was minor. Anonymity for both parties was necessary and not contrary to the public interest.

Court Disposition

Appeal allowed; tribunal decision set aside; anonymity order granted for both parties.

Orders

  • Both parties to be anonymised throughout these proceedings.