Millicom Services UK Ltd v Clifford

Subject Matter

INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restrictions on public disclosure — Allegation by claimant involving government of politically unsettled country — Respondents concerned employees located in country at risk if details published — Second respondent stating that proceedings would be undefended if no restriction order made — Whether protection of Convention rights extending to employees located outside Convention territories — Whether respondents’ Convention rights engaged — Whether claimant’s contractual duty of confidentiality engaged — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 3, 5, 6, 8 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 50(1)

[2022] EAT 74; [2022] ICR 1204; [2022] WLR(D) 260, EAT

INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restrictions on public disclosure — Allegation by claimant involving government of politically unsettled country — Respondents concerned employees located in country at risk if details published — Vice president of respondent company stating that proceedings would be undefended if no restriction order made — Whether protection of fairness of proceedings extending to employees located outside Convention territories — Whether order required in interests of justice — Whether claimant’s contractual duty of confidentiality to be protected — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8, 10 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 50(1)

[2023] EWCA Civ 50; [2023] ICR 663; [2023] IRLR 295; [2023] WLR(D) 66, CA

Appellate History