Employment Tribunal Anonymity: Lessons from F v G for Employees and Employers

Being involved in an Employment Tribunal claim can be daunting for both employers and employees. Cases that include sensitive personal or medical information often attract wider public attention, making privacy a key concern.

Rule 50 of the Employment Tribunal Rules of Procedure can provide protection and anonymity in tribunal reporting, as highlighted by the Employment Appeal Tribunal (EAT) in the case of F v G (2022).

What is Rule 50?

Rule 50 governs privacy and restrictions on disclosure in Employment Tribunal proceedings. It allows tribunals, either on their own initiative or following an application, to limit public disclosure when necessary in the interests of justice.

When deciding whether to impose restrictions, tribunals balance:

• Open justice and freedom of expression
• Privacy concerns, including potential intimidation, health conditions, or sensitive information

For example, cases involving allegations such as sexual harassment may require enhanced privacy measures to protect those involved.

The Case of F v G

Case Summary

F v G involved a university lecturer, referred to as “F,” who brought a disability discrimination claim against his former employer, “G.” F has Asperger’s Syndrome, which is recognised as a disability under the Equality Act 2010, and he applied for an anonymity order under Rule 50.

He was concerned that public disclosure of his disability could negatively impact both his future career prospects and his personal life. These concerns were compounded by the fact that F had previously concealed his disability from family, friends, and even prior employers, highlighting the sensitive nature of the information involved.

Tribunal Decision

The tribunal applied an objective test with a high evidential threshold, requiring F to provide evidence of potential professional harm and supporting medical assessments. The tribunal ultimately rejected F’s application, citing the absence of medical evidence and the fact that F had already secured new employment following his departure from G. Disagreeing with this decision, F appealed to the Employment Appeal Tribunal (EAT).

Employment Appeal Tribunal Decision

The EAT found that the tribunal had applied the wrong test. Key points included:

1. Incorrect evidential requirement: The tribunal required proof of harm, whereas the correct test asks whether there is a reasonable basis to believe that lack of anonymity would prejudice the administration of justice.
    
2. Subjective fears matter: The tribunal failed to give sufficient weight to F’s genuinely held concerns, including whether his new employer knew about his disability.
    
3. Supporting research: Academic studies demonstrated that applicants with autism are less likely to be interviewed for roles, reinforcing F’s concerns.

The EAT also balanced open justice against potential harm. It concluded that granting anonymity would not materially affect public understanding, but failing to protect F could cause significant personal and professional harm.

The outcome: F’s appeal was upheld, and both parties retained anonymity.

Key Takeaways for Employees and Employers

For employees: Rule 50 can provide important protection for sensitive personal or medical information during Employment Tribunal proceedings. Where employees have genuine concerns about disclosure (especially relating to health conditions), anonymity can be justified to prevent personal or professional harm.

For employers: Tribunals applying Rule 50 carefully balance transparency with fairness. Employers involved in Employment Litigation should handle sensitive information thoughtfully to minimise risks and ensure the process is fair to all parties.

The case of F v G demonstrates that, in some circumstances, protecting individuals from unnecessary harm can take precedence over the usual expectation that parties are publicly identified in Employment Tribunal claims.

Get Expert Help with Employment Tribunal Claims

If you’re facing an Employment Tribunal claim or have questions about sensitive information and disclosure, our friendly Employment Litigation team is here to help. Whether you’re an employee or an employer, we can guide you through the process and provide practical support every step of the way.

Give us a call on 023 8063 9311 or email enquiries@warnergoodman.co.uk—we’d be happy to talk through your situation and offer advice you can trust.