Employment Tribunals Act 1996, section 10

National security

PART I Employment Tribunals

(1)If on a complaint under—

[F74 (a)section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union membership etc.),F74]

(b)section 111 of the Employment Rights Act 1996 (unfair dismissal),[F75 , F76...

(c)regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list)F75] [F77 or

(d)regulation 4 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 (complaint to employment tribunal),F77]

it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.

(2)F78... Regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which—

(a)a direction is given under subsection (3), or

(b)an order is made under subsection (4).

(3)A direction may be given under this subsection by a Minister of the Crown if—

(a)it relates to particular Crown employment proceedings, and

(b)the Minister considers it expedient in the interests of national security.

(4)An order may be made under this subsection by the President or a Regional [F79 Employment JudgeF79] in relation to particular proceedings if he considers it expedient in the interests of national security.

(5)F80... Regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security—

(a)to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;

(b)to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;

(c)to direct a tribunal to exclude the applicant’s representatives from all or part of particular Crown employment proceedings; or

(d)to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;

(e)to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.

[F81 (6)F82... Regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do in relation to particular proceedings before it anything of a kind which, by virtue of subsection (5), F83... regulations may enable a Minister of the Crown to direct a tribunal to do in relation to particular Crown employment proceedings.F81]

(7)In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), F84... regulations may make provision—

(a)for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the applicant;

(b)about the publication and registration of reasons for the tribunal’s decision;

(c)permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

(8)Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates—

(a)is Crown employment, or

(b)is connected with the performance of functions on behalf of the Crown.

(9)The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as—

(a)a Regional Chairman,

(b)President of the Employment Tribunals (England and Wales), or

(c)President of the Employment Tribunals (Scotland).F73]

[F85 (10)Regulations under this section are to be made by the Lord Chancellor.F85]

Definitions used in section 10 4

trade union

“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 .

Defined in s.42(1) · see it in the full Act
employment

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act
Crown employment

(2) In this Act “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.

Defined in s.38(2) · see it in the full Act
representative

“representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2) ,

Defined in s.42(1) · see it in the full Act

Cases considering section 10 4

Home Office v Tariq

[2011] UKSC 35 · 13 July 2011

The section expressly authorises national-security regulations for closed proceedings, exclusion of a claimant or representatives, and appointment of a special advocate. It supported the conclusion that Parliament had authorised a judicially supervised closed procedure (see paras [9]; [13]; [74]–[79]). The subsection expressly permits regulations enabling an employment tribunal itself to adopt national-security measures of the kinds authorised by section 10(5) (see paras [74]–[79]). The subsection permits regulations providing for the Attorney General to appoint a person to represent an excluded claimant’s interests (see para [74]).

National Crime Agency v DP & Ors

[2026] EAT 52 · 15 April 2026

Section 10 gives the Employment Tribunal national-security powers, including private sitting, exclusion, anonymity and secret reasons. The court relied on those powers as alternatives to mandatory full closure (see paras [22]; [52]-[53]).

Home Office v Tariq

[2010] EWCA Civ 462 · 4 May 2010

The court recorded that section 10 enabled the 2004 Regulations. It did not construe or apply the section independently (see para [8]).

What each judgment says about section 10 is in the case-law panel in the full Act.

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F73Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))
  2. F74S. 10(1)(a) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59, Sch. 1 para. 24; S.I. 2004/2566, art. 3(b) (subject to arts. 4-8)
  3. F75S. 10(1)(c) and word inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), regs. 1(b), 17(2)(b)
  4. F76Word in s. 10(1)(b) omitted (23.5.2018) by virtue of The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(2)(a)
  5. F77S. 10(1)(d) and word inserted (23.5.2018) by The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(2)(b)
  6. F78Words in s. 10(2) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)
  7. F79Words in s. 10(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(3); S.I. 2013/2200, art. 3(g)
  8. F80Words in s. 10(5) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)
  9. F81S. 10(6) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 36, 59; S.I. 2004/3342, art. 4(a) (subject to arts. 5-12)
  10. F82Words in s. 10(6) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)
  11. F83Words in s. 10(6) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(3); S.I. 2024/568, reg. 2(b)(ii)
  12. F84Words in s. 10(7) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(3); S.I. 2024/568, reg. 2(b)(ii)
  13. F85S. 10(10) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(4); S.I. 2024/568, reg. 2(b)(ii)