{
  "url": "https://openlegislation.uk/employment-tribunal-procedure-rules-2024/rule-93",
  "json_url": "https://openlegislation.uk/employment-tribunal-procedure-rules-2024/rule-93.json",
  "legislation": "uksi/2024/1155",
  "legislation_title": "The Employment Tribunal Procedure Rules 2024",
  "legislation_url": "https://openlegislation.uk/employment-tribunal-procedure-rules-2024",
  "path": "rule/93",
  "kind": "rule",
  "number": "93",
  "heading": "National security proceedings",
  "text": "(1) Where in relation to particular Crown employment proceedings a Minister considers that it would be expedient in the interests of national security, the Minister may direct the Tribunal to—\n(a) conduct all or part of the proceedings in private;\n(b) exclude a person from all or part of the proceedings;\n(c) take steps to conceal the identity of a witness in the proceedings.\n(2) Where the Tribunal considers it expedient in the interests of national security, it may order—\n(a) in relation to particular proceedings (including Crown employment proceedings), anything which can be required to be done under paragraph (1);\n(b) a person not to disclose any document (or the contents of any document), where provided for the purposes of the proceedings, to the public or any other person (save for any specified person).\n(3) Where the Tribunal considers that it may be necessary to make an order under paragraph (2) in relation to particular proceedings (including Crown employment proceedings), the Tribunal may consider any material provided by a party (or where a Minister is not a party, by a Minister) without providing that material to any other person. Such material must be used by the Tribunal solely for the purposes of deciding whether to make that order (unless that material is subsequently used as evidence in the proceedings by a party).\n(4) Where a Minister considers that it would be appropriate for the Tribunal to make an order under paragraph (2), the Minister may make an application for such an order.\n(5) Where a Minister has made an application under paragraph (4), the Tribunal may order—\n(a) in relation to the part of the proceedings preceding the outcome of the application, anything which can be required to be done under paragraph (1);\n(b) a person not to disclose any document (or the contents of any document) to any other person (save for any specified person), where provided for the purposes of the proceedings preceding the outcome of the application.\n(6) Where a Minister has made an application under paragraph (4) for an order to exclude any person from all or part of the proceedings, the Tribunal must not send a copy of the response to that person, pending the decision on the application.\n(7) If before the expiry of the period specified in rule 17(1) (response) a Minister makes a direction under paragraph (1) or an application under paragraph (4), the Minister may apply for an extension of the time for presenting a response.\n(8) A direction under paragraph (1) or an application under paragraph (4) may be made irrespective of whether or not the Minister is a party.\n(9) Where the Tribunal decides not to make an order under paragraph (2), rule 6 of Schedule 1 (reasons in national security proceedings) applies to the written reasons given by the Tribunal under rule 60 (reasons) for that decision.\n(10) The Tribunal must ensure that in exercising its functions, information is not disclosed contrary to the interests of national security.\n(11) Any order made under paragraph (2) must be kept under review by the Tribunal.\n(12) “Crown employment proceedings” has the same meaning as in section 10(8) of the Employment Tribunals Act.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 93 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/1155/rule/93",
    "retrieved_at": "2026-10-28T21:24:28.531903+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}