Employment Act (Northern Ireland) 2011

Restriction of publicity

6.—(1) Article 13 of the Industrial Tribunals (Northern Ireland) Order 1996 (NI 18) is amended as follows.

(2) In the heading to the Article omit the words “in cases involving sexual misconduct”.

(3) For paragraph (1) substitute—

“(1) Industrial tribunal procedure regulations may include provision for cases to which this paragraph applies enabling an industrial tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

(1A) Paragraph (1) applies to cases—

(a) involving allegations of sexual misconduct;

(b) where the disclosure of identifying matter would be likely to cause—

(i) an individual (whether a party to the proceedings or not) to be subjected to harassment;

(ii) such an individual, or any property of such an individual, to be placed at risk of injury or damage; or

(c) where, in the opinion of the tribunal, the interests of justice otherwise require.

(1B) Industrial tribunal procedure regulations may include provision, for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation.”.

(4) In paragraph (4) in the definition of “identifying matter” for “him as a person affected by, or as the person making, the allegation” substitute “a party to the proceedings in question or such other persons (if any) as may be named in the restricted reporting order”.