The Industrial Cases Reports
[2010] ICR 1034
Court of Appeal
Tariq
v
Home Office
[2010] EWCA Civ 462
2010 March 22,
23;
May 4
May 4
Lord Neuberger of Abbotsbury MR, Maurice Kay, Sullivan LJJ
Industrial relations— Employment tribunals— Procedure— Claim of race discrimination following withdrawal of claimant’s security clearance— Application to exclude claimant from parts of hearing on ground of national security— Special advocate appointed to represent claimant’s interests when excluded— Whether compatible with claimant’s right to fair and public hearing— Whether compatible with EU law— Appropriate procedure at preliminary and substantive hearings—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6
—
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), Sch 1, r 54, Sch 2, r 8