NUJ to challenge tribunal ‘gag’

The Union is to challenge a ruling that could restrict press freedom in reports of employment tribunal proceedings involving allegations of sexual misconduct.

The NUJ has won leave to appeal a ruling by the Employment Appeal Tribunal (EAT) in Edinburgh that restricted reporting orders or “gagging” orders banning identification of parties who are accused of sexual misconduct, their victims and witnesses in such cases, should remain in force forever when the complaint is settled or withdrawn during tribunal proceedings.

EAT Judge Lady Smith also suggested that the media would have to seek to be party to proceedings prior to a restricted reporting order being imposed to give them any opportunity to attempt to overturn an order at a later stage.

This could mean the press being subject to orders from a tribunal including costs and expenses.

The union said such a measure would create a “chill” effect. Jeremy Dear, NUJ general secretary, said: “It’s vital that our legal system is open to scrutiny, so any attempts to restrict reporting on a case needs to have a very strong and clear justification.

“Not only should justice be done, but it should also be seen to be done. Where a restriction on a case cannot be clearly justified then it should be overturned.”

Paul Holleran, Scottish organiser of the NUJ, said: “We will continue by all legal means possible to vigorously oppose the draconian gagging orders placed on the freedom of the press by the tribunal system.”

The Journalist is published by the National Union of Journalists