Kiani v Secretary of State for the Home Department

Subject Matter

HUMAN RIGHTS — Fair hearing — Employment tribunal — Claims of discrimination and unfair dismissal on withdrawal of security clearance — Claimant to be excluded from part of hearing on ground of national security — Special advocate appointed — Whether exclusion compatible with right to fair and public hearing — Human Rights Act 1998, Sch 1, Pt I, art 6 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, r 54, Sch 2, r 8

[2015] ICR 418, EAT

HUMAN RIGHTS — Fair hearing — Employment tribunal — Claims of discrimination and unfair dismissal on withdrawal of security clearance — Claimant to be excluded from part of hearing on ground of national security — Special advocate appointed — Whether exclusion compatible with Convention right to fair and public hearing and similar right under European Union law — Whether claimant entitled to disclosure of gist of case against him — Human Rights Act 1998, Sch 1, Pt I, art 6 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, r 54, Sch 2, r 8(1) — Charter of Fundamental Rights of the European Union, art 47

[2015] EWCA Civ 776; [2016] QB 595; [2016] 2 WLR 788; [2015] ICR 1179; [2016] 4 All ER 317; [2015] WLR (D) 325, CA

Appellate History