Employment Tribunals Act 1996, section 11

Restriction of publicity in cases involving sexual misconduct

PART I Employment Tribunals

(1)[F88 Procedure RulesF88] may include provision—

(a)for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

(b)for cases involving allegations of sexual misconduct, enabling an [F89employment tribunalF89] , on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

(2)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a)in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b)in the case of publication in any other form, the person publishing the matter, and

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)Where a person is charged with an offence under subsection (2) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(4)Where an offence under subsection (2) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In relation to a body corporate whose affairs are managed by its members “director", in subsection (4), means a member of the body corporate.

(6)In this section—

  • “identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

  • M3 “relevant programme” has the same meaning as in the Sexual Offences (Amendment) Act 1992 ,

  • “restricted reporting order” means an order—

    (a)

    made in exercise of a power conferred by [F90Procedure Rules of the kind mentioned in subsection (1)(b)F90] , and

    (b)

    prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,

  • “sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

  • M4,M5,M6,M7 “sexual offence” means any offence to which section 4 of the Sexual Offences (Amendment) Act 1976 , the Sexual Offences (Amendment) Act 1992 or section 274(2) of the Criminal Procedure (Scotland) Act 1995 applies (offences under the Sexual Offences Act 1956 , Part I of the Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

  • “written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992 .

Definitions used in section 11 2

Procedure Rules

“Procedure Rules” is to be read in accordance with section 37QA(2), and—

(a)

in Part 1, means Procedure Rules in respect of employment tribunals;

(b)

in Part 2, means Procedure Rules in respect of the Appeal Tribunal,

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

Cases considering section 11 10

XY v AB

[2025] EAT 66 · 13 May 2025Limits

The section empowered restricted reporting orders concerning sexual misconduct only until promulgation of the tribunal’s decision. It did not supply the power for the later permanent order, which instead arose under rule 50(3)(b) (see paras [15]; [21]-[23]). The section’s definitions explain the broad scope of sexual misconduct, restricted reporting orders and identifying matter. They were used to distinguish the earlier temporary reporting order from the later permanent anonymity order (see paras [16]-[18]; [23]).

A v Choice Support (formerly MCCH Ltd)

[2023] EAT 18 · 16 February 2023Interprets

Section 11(1)(a) requires protection against identification in tribunal documentation where a sexual offence is alleged. It supported permanent anonymity for persons affected by the allegation and required attention to jigsaw identification. (see paras [30]; [40]) Section 11(1)(b) provides a discretionary restricted reporting power for sexual misconduct which expires on promulgation unless revoked earlier. The EAT distinguished that time-limited power from permanent anonymity and from Rule 50's wider jurisdiction. (see paras [29]-[31]; [36])

B.L.I.S.S Residential Care Ltd v Teresa Eileen Fellows

[2023] EAT 8 · 12 January 2023

The EAT relied on section 11 as enabling practice directions. Together with Rule 8, it supported the conclusion that claim presentation had to comply with the Presidential Practice Direction. (see paras [18]-[20])

3 more judgments, and what each says about section 11, are in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F88Words in s. 11(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 8(a); S.I. 2024/568, reg. 2(b)(ii)
  2. F89Words in s. 11(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
  3. F90Words in s. 11(6) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 8(b); S.I. 2024/568, reg. 2(b)(ii)

Marginal citations

  1. M31992 c. 34.
  2. M41976 c. 82.
  3. M51995 c. 46.
  4. M61956 c. 69.
  5. M71995 c. 39.