BUQ v HRE

BUQ v HRE

The injunction restraining disclosure of private information should not be continued in its original form; the Defendant is entitled to include protected information in his Employment Tribunal claim without prior approval from the Claimant or the court, as the Tribunal is better placed to determine relevance and protect privacy, and there is no real risk of abuse or unnecessary disclosure.

Parties
Claimant: BUQ; Defendant: HRE
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Interim Application for Injunction / Post Initial Interim Hearing, Pre Trial
Outcome
Order continued with the contested variation sought by the Defendant; injunction not continued in its original form.
Legal Topics
Injunctions, Non Disclosure Orders, Privacy, Employment Tribunal Procedure, Sexual Harassment, Freedom of Expression, Right to Fair Trial
Employment Law Human Rights Law Privacy Law Injunctions Non Disclosure Orders Privacy Employment Tribunal Procedure Sexual Harassment +2 more

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Parties

BUQ

Claimant

HRE

Defendant

Procedural Posture

Interim Application for Injunction / Post Initial Interim Hearing, Pre Trial

Legal Issues

  1. 1 Whether an interim injunction restraining disclosure of private information should be continued and in what terms
  2. 2 Whether the Defendant should be permitted to include protected information in an Employment Tribunal claim without prior approval from the Claimant or the court
  3. 3 Balancing Article 8 (privacy) and Article 10 (freedom of expression) rights in the context of employment litigation

Ratio Decidendi

The injunction restraining disclosure of private information should not be continued in its original form; the Defendant is entitled to include protected information in his Employment Tribunal claim without prior approval from the Claimant or the court, as the Tribunal is better placed to determine relevance and protect privacy, and there is no real risk of abuse or unnecessary disclosure.

Court Disposition

Order continued with the contested variation sought by the Defendant; injunction not continued in its original form.

Orders

  • The Defendant is permitted to include the protected information in any claim presented to the Employment Tribunal without prior approval from the Claimant or the court.
  • Other agreed variations to the order are incorporated.