# The Employment Appeal Tribunal (Amendment) Rules 2001, Rule 21


After rule 31, insert—
“Reasons for orders in cases concerning national security
31A (1) Paragraphs (1) to (5) of this rule apply to the document setting out the reasons for the Appeal Tribunal’s order prepared under rule 31(2) or any reasoned judgment of the Appeal Tribunal as referred to in rule 31(2), in any particular Crown employment proceedings in which a direction of a Minister of the Crown has been given under rule 30A(1)(a), (b) or (c) or an order of the Appeal Tribunal has been made under rule 30A(2)(a) read with rule 30A(1)(a), (b) or (c).
(2) Before the Appeal Tribunal gives its reasons in writing for any order or delivers any reasoned judgment, the Registrar shall send a copy of the reasons or judgment to the Minister.
(3) If the Minister considers it expedient in the interests of national security, he may—
(a) direct the Appeal Tribunal that the document containing its reasons for any order or its reasoned judgment shall not be disclosed to any person who was excluded from all or part of the proceedings and to prepare a further document setting out the reasons for its order, or a further reasoned judgment, but with the omission of such reasons as are specified in the direction; or
(b) direct the Appeal Tribunal that the document containing its reasons for any order or its reasoned judgment shall not be disclosed to any person who was excluded from all or part of the proceedings, but that no further document setting out the Appeal Tribunal’s reasons for its order or further reasoned judgment should be prepared.
(4) Where the Minister has directed the Appeal Tribunal in accordance with paragraph (3)(a), the document prepared pursuant to that direction shall be marked in each place where an omission has been made. The document may then be given by the Registrar to the parties.
(5) The Registrar shall send the document prepared pursuant to a direction of the Minister in accordance with paragraph (3)(a) and the full document without the omissions made pursuant to that direction—
(a) to whichever of the appellant and the respondent was not the applicant in the proceedings before the employment tribunal;
(b) if he was not an excluded person, to the person who was the applicant in the proceedings before the employment tribunal and, if he was not an excluded person, to his representative;
(c) if applicable, to the special advocate; and
(d) where there are proceedings before a superior court relating to the order in question, to that court.
(6) Where the Appeal Tribunal intends to take steps under rule 30A(2)(c) to keep secret all or part of the reasons for any order it makes, it shall send the full reasons for its order to the persons listed in sub-paragraphs (a) to (d) of paragraph (5), as appropriate.”.

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Source: https://www.legislation.gov.uk/uksi/2001/1128/rule/21 (the official version)
Page: https://openlegislation.uk/employment-appeal-tribunal-amendment-rules-2001/rule-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.