Home Office v Tariq

Home Office v Tariq

Closed material procedure is lawful in Employment Tribunal proceedings involving national security, provided that sufficient procedural safeguards are in place. Article 6 ECHR and EU law do not prohibit such procedures, but require that the claimant be given the essence of the case against him to enable effective challenge. The Home Office must provide a gist of the closed material to Mr Tariq. The sequence of hearing open and closed evidence is a matter for the Tribunal's discretion, but substantial weight must be given to the procedural wishes of the disadvantaged party.

Parties
Appellant: The Home Office; Respondent: Tariq; Special Advocate for Mr Tariq: Miss Judith Farbey (Special Advocate)
Jurisdiction
England and Wales
Judgment Date
04 May 2010
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal of the Home Office dismissed; cross-appeal of Mr Tariq dismissed; procedural guidance given
Legal Topics
Closed Material Procedure, Special Advocates, National Security, Article 6 ECHR, EU Law Compliance, Employment Discrimination
Employment Law Human Rights Law Discrimination Law Closed Material Procedure Special Advocates National Security Article 6 ECHR EU Law Compliance +1 more

Case Brief

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Parties

The Home Office

Appellant

Tariq

Respondent

Miss Judith Farbey (Special Advocate)

Special Advocate for Mr Tariq

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether closed material procedure is lawful in Employment Tribunal proceedings involving national security
  2. 2 Whether Article 6 ECHR and EU law prohibit closed material procedures in discrimination claims
  3. 3 Whether AF(No.3) requires the Home Office to provide a gist of closed material to the claimant

Ratio Decidendi

Closed material procedure is lawful in Employment Tribunal proceedings involving national security, provided that sufficient procedural safeguards are in place. Article 6 ECHR and EU law do not prohibit such procedures, but require that the claimant be given the essence of the case against him to enable effective challenge. The Home Office must provide a gist of the closed material to Mr Tariq. The sequence of hearing open and closed evidence is a matter for the Tribunal's discretion, but substantial weight must be given to the procedural wishes of the disadvantaged party.

Court Disposition

Appeal of the Home Office dismissed; cross-appeal of Mr Tariq dismissed; procedural guidance given

Orders

  • The Home Office's appeal on the AF(No.3) point is dismissed.
  • Mr Tariq's cross-appeal on the lawfulness of closed material procedure is dismissed.