Super-injunctions in the Employment Tribunal?

With Ryan Giggs being the most recent celebrity to have been exposed in the super injunction scandal, and increasing public scrutiny over such injunctions, employers must be aware that there are certain criteria which they too can use to have a degree of anonymity within the employment tribunal.

In a recent ruling by the Central London Tribunal, the identity of a both parties in a case involving a top TV chef, reportedly facing a sex discrimination claim from an ex employee, the TV chef has managed to secure a restricted reporting order until the substantive merits of the case have been heard.

This means that the identity of the parties will not be made public until at least a prehearing review which is to be held in July however, the chef's representatives are likely to argue a right to a private life and so the restrictions may continue.

A Restrictive Reporting Order (RRO) cannot be granted in all cases. Usually they are only granted in those involving allegations of sexual misconduct or disability discrimination cases where there is evidence of a personal nature.

They can on some occasions also be granted outside of these areas. For example in some cases involving transsexuals where there has been no sexual misconduct but there is a claim for sex discrimination, the tribunal's have ordered RRO’s on the basis that if the claimant’s were forced to reveal their identity they could be deterred from enforcing their European law right not to suffer discrimination.

Unlike super injunctions, which have to be applied for in England ad Scotland, something which Ryan Giggs found out the hard way, an RRO will prevent the publication or broadcast in Great Britain of any matter that may identify either the person making the allegation of sexual misconduct, the person affected by the allegation and in disability cases, the claimant or any other person named in the order. Ryan Giggs failed to take out an injunction for Scotland and so it is thought that the majority of the links relating to his identity came from there.

The name of an employer can also be withheld to prevent identification of the person affected by the allegation. Any breach of an RRO is a criminal offence and is punishable by a fine on conviction of up to £5000.

The main difference with an RRO and a super injunction is that an RRO will only remain in force until liability and remedy have been determined by a tribunal. Once a judgement has been sent to the parties the RRO is lifted and the information is public knowledge.

Although not as powerful as the super junction, an RRO may be useful to protect an employers identity and position in certain circumstances.