# The Employment Tribunal Procedure Rules 2024, Paragraph 6: Reasons in national security proceedings

Extent: E+W+S

(1) The Tribunal must send a copy of the written reasons given under rule 60 (reasons) to the Minister.
(2) The Tribunal must allow 42 days from the date that a copy of the written reasons is sent under paragraph (1) for the Minister to make a direction under paragraph (4). If after this period the Minister has not made a direction, the Tribunal may send the written reasons to each party and where the written reasons relate to a judgment, enter them onto the Register.
(3) If the Tribunal considers it expedient in the interests of national security, it may by order take steps to keep secret all or part of the written reasons.
(4) If the Minister considers it expedient in the interests of national security, the Minister may direct that the written reasons—
(a) must not be disclosed to specified persons and require the Tribunal to prepare a further document which sets out the reasons for the decision, but omits specified information (“the edited reasons”);
(b) must not be disclosed to specified persons and that no further document setting out the reasons for the decision should be prepared.
(5) Where the Minister has directed the Tribunal to prepare the edited reasons, the presiding member must initial each omission.
(6) Where a direction has been made under paragraph (4)(a), the Tribunal must—
(a) send the edited reasons to the specified persons,
(b) send the edited reasons and the written reasons to the relevant persons listed in paragraph (8), and
(c) where the written reasons relate to a judgment, enter the edited reasons on the Register but must not enter the written reasons on the Register.
(7) Where a direction has been made under paragraph (4)(b), the Tribunal must send the written reasons to the relevant persons listed in paragraph (8), but must not enter the written reasons on the Register.
(8) The relevant persons are—
(a) the respondent or the respondent’s representative, provided that they were not specified in the direction made under paragraph (4),
(b) the claimant or the claimant’s representative, provided that they were not specified in the direction made under paragraph (4),
(c) any special advocate appointed in the proceedings, and
(d) where the proceedings were referred to the Tribunal by a court, to that court.
(9) Where written reasons or edited reasons are corrected under rule 67 (correction of clerical mistakes and accidental slips), the Tribunal must send a copy of the corrected reasons to the same persons who had been sent the written reasons or edited reasons respectively.

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Source: https://www.legislation.gov.uk/uksi/2024/1155/schedule/1/paragraph/6 (the official version)
Page: https://openlegislation.uk/employment-tribunal-procedure-rules-2024/schedule-1/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.