Restricted reporting order

A tribunal order limiting what can be published about certain sensitive cases — most often used in sexual misconduct and disability cases — that restricts reporting of identifying details without necessarily closing the hearing itself.

Does a restricted reporting order mean my case is heard in private?

No. It restricts what can be published or broadcast about identifying details of the case while the order is in force — it does not usually close the hearing itself to the public. A separate, much rarer order can restrict public attendance, but that is a different power from a restricted reporting order.

Who can apply for a restricted reporting order?

In sexual misconduct cases, any party to the proceedings, or the tribunal of its own initiative. In disability cases, the complainant specifically, or again the tribunal of its own initiative. A respondent cannot apply for a disability-related order themselves, though the tribunal can still decide to make one.

How long does a restricted reporting order last?

Under sections 11 and 12 of the Employment Tribunals Act 1996, an order made under those sections generally lasts only until the tribunal's decision is promulgated — meaning given or sent to the parties — unless revoked earlier. Separately, under rule 50 of the Employment Tribunal Rules of Procedure 2013, a tribunal can make a wider anonymity order of indefinite or even permanent duration where the interests of justice require it, which is a distinct power from the time-limited orders under the 1996 Act.

What is the difference between a restricted reporting order and an anonymity order?

A restricted reporting order under the 1996 Act specifically prevents identifying details being published or broadcast, and is time-limited to the period before the decision is given. An anonymity order made under rule 50 is broader and can, in the right circumstances, last indefinitely, including in some sexual harassment or sexual assault cases where a claimant may otherwise be protected by statute for life.

Does the tribunal have to grant an order just because someone asks for one?

No. The tribunal must give full weight to the principle of open justice and to the right to freedom of expression before deciding whether to restrict reporting, and will only make an order where it considers it necessary in the interests of justice or to protect a person's Convention rights. It is a discretionary power, not an automatic entitlement.

Can a restricted reporting order protect the respondent as well as the claimant?

Yes, in principle. The sections dealing with sexual misconduct allow an order to be made covering any person identifiable from the proceedings, not only the person bringing the claim, where the tribunal considers it appropriate.

Two sensitive categories under the 1996 Act

Sections 11 and 12 of the Employment Tribunals Act 1996 create specific powers for two categories of case. Section 11 covers cases involving allegations of sexual misconduct, where a tribunal can restrict the reporting of identifying details to protect those involved from the distress and intrusion of public identification while the allegations are still being determined. Section 12 covers cases where evidence is likely to be heard about a person's disability, reflecting the sensitivity of health information disclosed in the course of a claim.

Under both sections, an order can be made on application by a party, or by the tribunal on its own initiative, and it can cover any person identifiable from the proceedings — not only the person bringing the claim. Importantly, an order made under sections 11 or 12 generally only lasts until the tribunal's decision is promulgated, unless it is revoked sooner: once the decision is given, the time-limited protection under these sections comes to an end.

Rule 50 — a broader, potentially indefinite power

Separately from the 1996 Act, rule 50 of the Employment Tribunal Rules of Procedure 2013 gives the tribunal a wider general power to make an order restricting or preventing public disclosure of any aspect of proceedings, where it considers this necessary in the interests of justice or to protect a person's rights under the European Convention on Human Rights. This can include measures preventing witnesses being identifiable, and can extend to an anonymity order that, unlike an order made under sections 11 or 12, is not automatically limited to ending when the decision is given — in some cases, particularly those involving sexual assault, a permanent or indefinite anonymity order can be made.

Before making any order under rule 50, the tribunal must give full weight to the principle of open justice and to the right to freedom of expression. This is a real balancing exercise, not a formality — tribunals are generally cautious about restricting reporting, and an order is only made where the tribunal is satisfied it is genuinely necessary.

Why the distinction between the two powers matters

Someone relying only on the time-limited protection under sections 11 or 12 can find that protection ends the moment the tribunal's decision is promulgated, at which point the case can be freely reported with identifying details included, unless a separate rule 50 order is also in place. If ongoing protection beyond the end of the case matters — for example, because identification could still cause serious harm after the decision is given — it is the broader rule 50 power, not sections 11 or 12 alone, that needs to be engaged and argued for specifically.

A claimant brings a sexual harassment claim against a former colleague and employer. Early in the case, she applies for a restricted reporting order under section 11, which the tribunal grants, preventing the media from publishing anything that would identify her while the case is ongoing. She also applies for a rule 50 anonymity order to continue after the final decision, given the sensitive nature of the allegations.

Granted — lasts until decision promulgated

Protection after the decision is given

Ends, unless a separate order is in place

Rule 50 anonymity order sought

Considered separately, on its own merits

Section 11 order covers the hearing; rule 50 order (if granted) can continue afterwards

Without the separate rule 50 application, the claimant's identity could lawfully be reported as soon as the tribunal's decision was given, even though reporting was restricted throughout the hearing itself.

Case management conference

Employment Tribunals Act 1996, section 11

Employment Tribunals Act 1996, section 12

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, rule 50

Restricted Reporting Order — Employment Tribunal Glossary

What a restricted reporting order is, how it differs from a rule 50 anonymity order, and how long the protection actually lasts.