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Tribunal Reporting in the UK

Tribunals handle disputes from employment to immigration, mental health to tax. Reporting rules vary significantly between tribunal types. This guide covers access, reporting restrictions, decision databases, and what makes good tribunal journalism.

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Jurisdiction note: This guide covers the tribunal system in England and Wales and (where reserved matters) across the UK. Scotland has its own employment tribunals and some devolved tribunal structures. The First-tier and Upper Tribunal system is UK-wide for reserved matters.

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.

What can be reported
Everything said in open proceedings is reportable. Published decisions are public documents. Qualified privilege applies to fair and accurate reports under the Defamation Act 2013.
Anonymity orders (Rule 50)
The tribunal can make anonymity orders protecting one or both parties. Common in sexual offence cases, or where a party is a minor or vulnerable person. Always check the published decision for any order.
Key story types
Whistleblowing dismissals, discrimination claims, equal pay, and wage theft. High-value claims against well-known employers are significant public interest stories.
Accessing decisions
gov.uk/employment-tribunal-decisions — searchable database of published ET1 and ET3 forms and final decisions. BAILII also carries some ET decisions.

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.
Jurisdiction note: The First-tier and Upper Tribunal system is UK-wide for reserved matters (immigration, tax). Employment tribunals sit separately in Scotland (Employment Tribunals Scotland) and Northern Ireland (Industrial Tribunals), with their own registries, though applying largely the same substantive law. Mental health tribunals in Scotland are governed by the Mental Health Tribunal for Scotland under the Mental Health (Care and Treatment) (Scotland) Act 2003 — a separate system.

Related guides

Frequently asked questions

Are employment tribunal hearings open to the public and press?
Yes — employment tribunal hearings are generally open to the public and press. The open justice principle applies. You can attend and report what is said in open proceedings. Employment tribunal judgments are published on the gov.uk Employment Tribunal Decisions database and are searchable by claimant name, respondent name, and jurisdiction. This makes employment tribunals one of the most journalist-accessible parts of the tribunal system.
Can I name the parties in an employment tribunal case?
Yes — the default position is that both the claimant and respondent (employer) are named. Some cases involve anonymity orders under Rule 50 of the Employment Tribunal Procedure Rules 2013. These can cover either or both parties and are granted where the interests of justice require (for example, to protect victims of sexual offences, or vulnerable witnesses). Always check whether a Rule 50 order is in place. Published judgments will indicate if an order applies.
How do I access immigration tribunal decisions?
Published determinations from the First-tier Tribunal (Immigration and Asylum Chamber) and the Upper Tribunal (Immigration and Asylum Chamber) are available via BAILII and via the judiciary's own publications. The Immigration and Asylum Tribunal publishes selected Country Guidance cases and starred decisions. Not all decisions are published — only those designated as having precedent value or containing information of public interest.
What are the reporting restrictions in mental health tribunal proceedings?
Mental Health Review Tribunal hearings are held in private by default. Rule 38 of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 requires hearings to be held in private unless the patient requests a public hearing and the tribunal agrees. Patients have lifetime anonymity under rule 14 anonymity orders, which are standard. Even where you become aware of a decision, publishing patient-identifying information is prohibited without a specific order from the tribunal.
What is the Upper Tribunal and can I cover its hearings?
The Upper Tribunal hears appeals from the First-tier Tribunal on points of law. Its divisions cover immigration and asylum, tax and chancery, lands, and administrative appeals. Upper Tribunal hearings are generally open and are treated like court proceedings for contempt purposes. Upper Tribunal decisions are published on BAILII and on gov.uk. Upper Tribunal decisions bind the First-tier Tribunal and some are highly significant for public policy.

Not legal advice. This guide is for educational purposes. Consult a qualified media lawyer before making publication decisions in legally sensitive situations.