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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

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Hearings which may be held in private

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16.—(1) A hearing or part of one may be conducted in private for the purpose of hearing from any person evidence or representations which in the opinion of the tribunal or chairman is likely to consist of information —

(a)which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment;

(b)which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence placed in him by another person; or

(c)the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of TULR(C)A, cause substantial injury to any undertaking of his or any undertaking in which he works.

(2) Where a tribunal or chairman decides to hold a hearing or part of one in private, it or he shall give reasons for doing so. A member of the Council on Tribunals (in Scotland, a member of the Council on Tribunals or its Scottish Committee) shall be entitled to attend any Hearing or pre-hearing review taking place in private in his capacity as a member.

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