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The UK tribunal system — a journalist's overview
The UK tribunal system was restructured in 2008 into a two-tier structure of First-tier Tribunals and the Upper Tribunal, under the Tribunals, Courts and Enforcement Act 2007. The First-tier Tribunal has seven chambers dealing with different subject areas; the Upper Tribunal hears appeals from the First-tier on points of law.
For journalists, the most significant tribunal areas are employment (workplace disputes and discrimination claims), immigration and asylum (deportation, visa, and asylum appeals), mental health (detention review), and tax and chancery. Each has distinct rules about access and reporting.
Tribunals are administered by HMCTS and overseen by the judiciary. The Senior President of Tribunals publishes guidance on tribunal procedures at judiciary.gov.uk/courts-and-tribunals/tribunals/.
Employment tribunals
Employment tribunals are the most journalist-accessible part of the tribunal system. Hearings are open and decisions are published on the gov.uk Employment Tribunal Decisions database, making them searchable by employer name, employee name, and claim type.
Immigration and Asylum Tribunal
The First-tier Tribunal (Immigration and Asylum Chamber) hears appeals against immigration and asylum decisions made by the Home Office. The Upper Tribunal (Immigration and Asylum Chamber) hears appeals on points of law and issues Country Guidance determinations.
Most immigration tribunal hearings are open to the public and press. However, hearings involving national security (heard before the Special Immigration Appeals Commission, SIAC) are closed. Published Country Guidance determinations — which assess conditions in specific countries for asylum purposes — are significant public documents.
Appellants in asylum cases are usually identified by initials in published decisions to protect them from the consequences of identification in the country they fled. Do not identify them by name without careful legal consideration.
Mental Health Review Tribunal
The First-tier Tribunal (Mental Health) reviews the detention of patients under the Mental Health Act 1983. Hearings are held in private by default — the patient must apply for a public hearing and the tribunal must agree. Patients have automatic anonymity protection.
These hearings are rarely attended by journalists, but decisions of public significance — particularly where they involve high-profile restricted patients or matters of systemic concern — are sometimes published in anonymised form. If you are aware of such a case, apply to the tribunal for permission to attend or access the decision.
The Upper Tribunal
The Upper Tribunal (Administrative Appeals Chamber) is a Superior Court of Record, meaning it has the same status as the High Court. Its decisions bind First-tier Tribunals and are important legal precedents. Judicial review applications are heard here in certain categories.
Upper Tribunal hearings are open and its decisions are published on BAILII and on gov.uk. Reporting Upper Tribunal decisions is treated like reporting court proceedings — qualified privilege applies to fair and accurate reports, and contempt rules apply during live proceedings.
Practical tips for accessing tribunal hearings
- Contact the relevant tribunal administration office to find out the hearing schedule — there is no single national listing across all tribunals.
- For employment tribunals, the regional offices hold hearing lists — contact the region where the case is listed.
- Introduce yourself as press when you arrive and ask whether any orders or restrictions are in place.
- Take careful contemporaneous notes — transcripts are generally not available from tribunals in the way they are from courts.
- Access the published decisions database (gov.uk for employment, BAILII for Upper Tribunal) to research the parties and background before attending.
- For immigration tribunal hearings, check SIAC listings separately — SIAC cases are not heard in the First-tier Tribunal.
Tribunal reporting checklist
- I have confirmed which tribunal I am covering and its specific procedural rules.
- I have checked whether the hearing is in public — mental health and some immigration hearings default to private.
- I have checked for any anonymity orders (Rule 50 for employment tribunals) before naming the parties.
- I have confirmed whether any contempt restrictions apply — tribunal proceedings involving active criminal matters may be affected.
- For employment tribunals, I have checked the published decisions database for background on the case.
- I have distinguished between a preliminary hearing and a final decision on the merits.
- My report accurately describes the remedy awarded and the specific legal findings, not just the outcome.
Related guides
Frequently asked questions
Are employment tribunal hearings open to the public and press?
Can I name the parties in an employment tribunal case?
How do I access immigration tribunal decisions?
What are the reporting restrictions in mental health tribunal proceedings?
What is the Upper Tribunal and can I cover its hearings?
Related guides
Primary sources
- Judiciary — Tribunals Overview— judiciary.gov.uk
- gov.uk — Employment Tribunal Decisions Database— HMCTS
- BAILII — Upper Tribunal and Tribunal Decisions— BAILII
- Tribunals, Courts and Enforcement Act 2007— legislation.gov.uk
Not legal advice. This guide is for educational purposes. Consult a qualified media lawyer before making publication decisions in legally sensitive situations.