Kiani v Secretary of State for the Home Department (National Security) [2014] UKEAT 0009_14_2111 (21 November 2014)

Kiani v Secretary of State for the Home Department (National Security) [2014] UKEAT 0009_14_2111 (21 November 2014)

The Tribunal was entitled to refuse further disclosure to the claimant as there is no absolute requirement under domestic or EU law to provide a minimum gist in national security employment cases; the balancing exercise was properly conducted on the facts, and the authority of Tariq v Home Office remains binding and...

Source-derived case information.

Citation
[2014] UKEAT 0009_14_2111
Parties
Appellant: C (Claimant); Respondent: Home Office (Respondent)
Jurisdiction
United Kingdom
Judgment Date
21 November 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Closed Material Procedure, Disclosure Obligations, Special Advocate Procedure, Race Discrimination, Religious Discrimination, Fair Trial Rights, National Security Exception
Employment Law National Security Law Discrimination Law Closed Material Procedure Disclosure Obligations Special Advocate Procedure Race Discrimination Religious Discrimination +2 more

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Summary, issues, holding and outcome

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Parties

C (Claimant)

Appellant

Home Office (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing substantive disclosure to the claimant in national security proceedings
  2. 2 Whether EU law (ZZ v SSHD) requires a minimum gist of the case to be disclosed in all national security cases
  3. 3 Whether the Tribunal failed to conduct a proper balancing exercise between national security and fair trial rights

Ratio Decidendi

The Tribunal was entitled to refuse further disclosure to the claimant as there is no absolute requirement under domestic or EU law to provide a minimum gist in national security employment cases; the balancing exercise was properly conducted on the facts, and the authority of Tariq v Home Office remains binding and unaffected by ZZ v SSHD in this context.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal to the Court of Appeal granted