# The Employment Appeal Tribunal Rules 1993, Rule 23: Cases involving allegations of sexual misconduct or the commission of sexual offences

Extent: E+W+S

(1) This rule applies to any proceedings to which section 31 of the 1996 Act applies.
(2) In any such proceedings where the appeal appears to involve allegations of the commission of a sexual offence, the Registrar shall omit from any register kept by the Appeal Tribunal, which is available to the public, or delete from any order, judgment or other document, which is available to the public, any identifying matter which is likely to lead members of the public to identify any person affected by or making such an allegation.
(3) In any proceedings to which this rule applies where the appeal involves allegations of sexual misconduct the Appeal Tribunal may at any time before promulgation of its decision either on the application of a party or of its own motion make a restricted reporting order having effect, if not revoked earlier by the Appeal Tribunal, until the promulgation of its decision.
(4) A restricted reporting order shall specify the persons who may not be identified.
(5) Subject to paragraph (5A) the Appeal Tribunal shall not make a full restricted reporting order unless it has given each party to the proceedings an opportunity to advance oral argument at a hearing, if they so wish.
(5A) The Appeal Tribunal may make a temporary restricted reporting order without a hearing.
(5B) Where a temporary restricted reporting order has been made the Registrar shall inform the parties to the proceedings in writing as soon as possible of:
(a) the fact that the order has been made; and
(b) their right to apply to have the temporary restricted reporting order revoked or converted into a full restricted reporting order within 14 days of the temporary order being made.
(5C) If no such application is made under subparagraph (5B)(b) within the 14 days, the temporary restricted reporting order shall lapse and cease to have any effect on the fifteenth day after it was made. When such an application is made the temporary restricted reporting order shall continue to have effect until the Hearing at which the application is considered.
(6) Any ... hearing shall, subject to any direction of a Minister of the Crown under rule 30A(1) or order of the Appeal Tribunal under rule 30A(2)(a) read with rule 30A(1), or unless the Appeal Tribunal decides for any of the reasons mentioned in rule 29(2) to sit in private to hear evidence, be held in public.
(7) The Appeal Tribunal may revoke a restricted reporting order at any time where it thinks fit.
(8) Where the Appeal Tribunal makes a restricted reporting order, the Registrar shall ensure that a notice of that fact is displayed on the notice board of the Appeal Tribunal at the office in which the proceedings in question are being dealt with, on the door of the room in which those proceedings are taking place and with any list of the proceedings taking place before the Appeal Tribunal.
(9) In this rule, “promulgation of its decision” means the date recorded as being the date on which the Appeal Tribunal’s order finally disposing of the appeal is sent to the parties.

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Source: https://www.legislation.gov.uk/uksi/1993/2854/rule/23 (the official version)
Page: https://openlegislation.uk/employment-appeal-tribunal-rules-1993/rule-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.