F v G (Practice and Procedure : Restricted Reporting Order) [2013] UKEAT 0659_12_1706 (17 June 2013)

F v G (Practice and Procedure : Restricted Reporting Order) [2013] UKEAT 0659_12_1706 (17 June 2013)

The Employment Judge correctly applied the balancing exercise required by Article 8 and Article 10 ECHR, prioritizing the protection of vulnerable students, staff, and the college over the Claimant's desire to publicize identifying information. No error of law was found in the Judge's approach or reasoning.

Citation
[2013] UKEAT 0659_12_1706
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
17 June 2013
Procedural Posture
Rule 3(10) Employment Appeal Tribunal Application / Appeal Dismissed, Post Compensation Award
Outcome
Application and underlying appeal dismissed
Legal Topics
Anonymity Orders, Restricted Reporting, Article 8 ECHR, Sex Discrimination, Constructive Unfair Dismissal
Employment Law Human Rights Law Anonymity Orders Restricted Reporting Article 8 ECHR Sex Discrimination Constructive Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Rule 3(10) Employment Appeal Tribunal Application / Appeal Dismissed, Post Compensation Award

Legal Issues

  1. 1 Whether the continued anonymity/restricted reporting order was lawful and appropriate
  2. 2 Whether the Employment Judge erred in balancing Article 8 and Article 10 rights
  3. 3 Whether new evidence (SHADA involvement) justified lifting the order

Ratio Decidendi

The Employment Judge correctly applied the balancing exercise required by Article 8 and Article 10 ECHR, prioritizing the protection of vulnerable students, staff, and the college over the Claimant's desire to publicize identifying information. No error of law was found in the Judge's approach or reasoning.

Court Disposition

Application and underlying appeal dismissed

Orders

  • Anonymity and restricted reporting orders remain in place