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Employment Tribunal Reporting Pack

Four ready-to-use templates for covering UK employment tribunals — a reporting restrictions checklist, anonymity guidance under the Employment Tribunals Rules 2013, a discrimination-claim sensitivity guide, and an embargo agreement.

Last reviewed: Next review due:

Note:These are templates — adapt them to the specific tribunal and case. Not legal advice. Breaching a Restricted Reporting Order can be a criminal offence — if in doubt, hold your copy and check with the tribunal clerk or your legal team.

Who this pack is for

This pack is for UK journalists covering employment tribunal hearings, particularly discrimination, unfair dismissal, and whistleblowing claims. It covers checking for Restricted Reporting Orders, understanding when anonymity applies, reporting discrimination claims sensitively, and handling embargoed judgments or settlement information.

Templates are built around the Employment Tribunals Rules of Procedure 2013, judiciary.uk employment tribunal guidance, the IPSO Editors’ Code, and ACAS guidance on employment disputes.

What’s in this pack

Four templates — copy, adapt, and use for each tribunal case.

Reporting Restrictions Checklist

Step-by-step check for Restricted Reporting Orders and other tribunal-specific restrictions.

Anonymity Guidance

Explains when and how RROs apply under the Employment Tribunals Rules of Procedure.

Discrimination-Claim Sensitivity Guide

Ensures fair, accurate, and proportionate reporting of protected-characteristic detail.

Embargo Agreement Template

Standard terms for advance access to a judgment or settlement information.

Template 1: Reporting Restrictions Checklist

Run through this before filing on any employment tribunal case to catch restrictions in force.

EMPLOYMENT TRIBUNAL REPORTING RESTRICTIONS CHECKLIST

Case: [CASE NAME/REFERENCE] | Tribunal: [LOCATION] | Date: [DATE]
Reporter: [YOUR NAME]

STEP 1: CHECK FOR A RESTRICTED REPORTING ORDER (RRO)
[ ] Ask the tribunal clerk/usher whether an RRO is in force for this case
[ ] Check the case listing/tribunal noticeboard for any order
[ ] Note: RROs are most common in cases involving sexual misconduct allegations or disability/health disclosures under the Employment Tribunals Rules of Procedure

STEP 2: IDENTIFY WHAT THE ORDER COVERS (IF ANY)
[ ] Does it anonymise the claimant only, the respondent only, or both?
[ ] Does it cover specific identifying details (address, employer, health condition) rather than the full name?
[ ] Is the order temporary (until judgment) or permanent?
[ ] Does it extend to witnesses or third parties named in evidence?

STEP 3: CHECK FOR OTHER TRIBUNAL-SPECIFIC RESTRICTIONS
[ ] National security proceedings — full reporting restrictions may apply
[ ] Any interim relief or injunction affecting publication
[ ] Any specific direction made by the judge during the hearing on reporting

STEP 4: BEFORE PUBLISHING
[ ] Confirm no restricted name or identifying detail appears in your copy
[ ] Confirm headline and any social media promotion also comply
[ ] Cross-check published details against the written judgment once available, as tribunal judgments themselves may be anonymised even where oral proceedings were not

STEP 5: IF NO ORDER IS IN FORCE
[ ] You may generally report full names and details as stated in open tribunal, subject to ordinary defamation and accuracy considerations
[ ] Consider the discrimination-claim sensitivity guide in this pack before publishing sensitive personal details even where legally permitted

Sources: Employment Tribunals Rules of Procedure, judiciary.uk, IPSO Editors' Code.

Template 2: Anonymity Guidance (Employment Tribunals Rules 2013)

Use this to understand when a Restricted Reporting Order may apply and what it can cover.

ANONYMITY GUIDANCE — EMPLOYMENT TRIBUNALS RULES 2013

Case: [CASE NAME/REFERENCE] | Date: [DATE]

WHEN RESTRICTED REPORTING ORDERS (RROs) MAY APPLY
Under the Employment Tribunals Rules of Procedure, tribunals have discretion to make a Restricted Reporting Order in cases involving:
[ ] Allegations of sexual misconduct — anonymises the person making or the subject of the allegation
[ ] Disability discrimination cases where evidence of a personal nature is likely to be heard
[ ] National security cases
[ ] Cases where the tribunal considers a party or witness's Article 8 (private life) rights outweigh open justice, applying the relevant balancing test

TYPES OF ORDER
[ ] Full RRO — no reporting that could identify the protected person until further order
[ ] Temporary RRO — restriction lifts once the tribunal's decision is promulgated
[ ] Permanent anonymity — in limited categories, may continue indefinitely

WHAT TO DO ON THE DAY
[ ] Ask the tribunal clerk directly: "Is there a Restricted Reporting Order in force in this case?"
[ ] If yes, ask what specifically is covered (names, health details, employer identity)
[ ] Note the order's reference/date if given, for your records
[ ] If a party requests anonymity informally (not through an actual order), you are not legally bound but should consider it as an editorial/ethical judgment — reference the discrimination-claim sensitivity guide

IF YOU BREACH AN RRO
Breaching a Restricted Reporting Order can constitute a criminal offence. If you are unsure whether an order applies or what it covers, hold your copy and check with the tribunal clerk, your legal team, or IPSO guidance before publishing.

CHECKING THE WRITTEN JUDGMENT
[ ] Confirm whether the published judgment itself has been anonymised (tribunal decisions are published online, and some are anonymised even absent a formal RRO during the hearing)
[ ] Match your reporting to what the final published judgment permits, not just what was said in the room

Sources: Employment Tribunals Rules of Procedure, judiciary.uk employment tribunal guidance.

Template 3: Discrimination-Claim Sensitivity Guide

Use this checklist to report discrimination claims fairly, accurately, and without gratuitous personal detail.

DISCRIMINATION-CLAIM SENSITIVITY GUIDE

Case: [CASE NAME/REFERENCE] | Date: [DATE]
Reporter: [YOUR NAME]

STEP 1: DISTINGUISH ALLEGATION FROM FINDING
[ ] Have I clearly distinguished what was alleged from what the tribunal actually found?
[ ] Am I reporting the tribunal's conclusions accurately, not just one party's claims as established fact?
[ ] If the case is ongoing (no judgment yet), have I made clear this is an allegation, not a finding?

STEP 2: PROTECTED CHARACTERISTIC SENSITIVITY (EQUALITY ACT 2010)
Check whether the case involves detail on any of:
[ ] Race or ethnicity
[ ] Sex or gender reassignment
[ ] Disability (including mental health conditions)
[ ] Sexual orientation
[ ] Religion or belief
[ ] Age
[ ] Pregnancy/maternity

For each area involved, ask:
[ ] Is the level of personal detail I'm including necessary to the story, or gratuitous?
[ ] Could this detail cause disproportionate harm to the individual beyond the public interest served?
[ ] Have I used appropriate, respectful, and accurate language for the characteristic in question?

STEP 3: HEALTH AND DISABILITY DETAIL
[ ] Avoid publishing detailed medical information beyond what is necessary and already in the public tribunal record
[ ] Consider whether health details could identify the individual even if directly named elsewhere is restricted

STEP 4: IMPACT ON THE CLAIMANT'S FUTURE EMPLOYMENT
[ ] Consider (without it overriding accurate, fair reporting) that naming a claimant, even in a successful claim, may affect their future employability
[ ] This is an editorial judgment, not a legal requirement to anonymise — but is good practice per NUJ Code guidance on fairness and avoiding harm

STEP 5: BALANCE AND RIGHT OF REPLY
[ ] Has the respondent (employer) had a fair opportunity to respond to allegations reported?
[ ] Have I avoided implying guilt of unlawful discrimination before the tribunal has made its finding?

Sources: Equality Act 2010, NUJ Code of Conduct, IPSO Editors' Code (accuracy and discrimination clauses).

Template 4: Embargo Agreement Template

Use this when a party or representative offers advance access to a judgment or settlement information.

EMBARGO AGREEMENT TEMPLATE — TRIBUNAL JUDGMENT / SETTLEMENT INFORMATION

Date: [DATE]
Between: [YOUR NAME/PUBLICATION] and [PARTY/REPRESENTATIVE PROVIDING INFORMATION]
Re: [CASE NAME/REFERENCE]

TERMS OF EMBARGO
1. [PARTY NAME] agrees to provide [YOUR NAME/PUBLICATION] with advance access to [DESCRIBE MATERIAL — e.g. "the tribunal's written judgment" / "a summary of the settlement terms"] on [DATE].
2. [YOUR NAME/PUBLICATION] agrees not to publish, broadcast, or otherwise disclose this material, in whole or in part, before [EMBARGO LIFT DATE/TIME].
3. This embargo applies to all platforms, including online articles, social media, and any promotional material referencing the story.
4. The embargo does not restrict ordinary newsgathering or verification activity conducted independently of the embargoed material.

WHAT THIS EMBARGO DOES NOT COVER
[ ] Information already in the public domain from open tribunal proceedings
[ ] Independent reporting not derived from the embargoed material
[ ] The fact that a judgment or settlement exists, where this is independently confirmed

RELEASE OF EMBARGO
The embargo lifts automatically at [DATE/TIME], or earlier if [PARTY NAME] confirms in writing that the material has been published or the embargo is otherwise released.

IF THE EMBARGO IS BROKEN BY A THIRD PARTY
If another outlet publishes the embargoed material before the agreed time, [YOUR NAME/PUBLICATION] may, at its discretion, treat the embargo as lifted for the purpose of matching independently-confirmed facts already public, but will not confirm details solely because a competitor has published them.

Agreed by:
[YOUR NAME/PUBLICATION]: _______________________ Date: ___________
[PARTY/REPRESENTATIVE]: _______________________ Date: ___________

Primary sources

Frequently asked questions

Are employment tribunal hearings open to the public and press?
Yes, in general employment tribunal hearings are held in public and journalists can attend and report on them, similar to other civil proceedings. However, tribunals can make restricted reporting orders in specific circumstances — most commonly in cases involving allegations of sexual misconduct or where a person's mental or physical health condition would otherwise be disclosed. Always check for any order in force before publishing identifying details.
When does automatic anonymity apply in an employment tribunal case?
Under the Employment Tribunals Rules of Procedure, restricted reporting orders can provide automatic anonymity for the person making an allegation in certain sexual misconduct or disability-related cases until the tribunal's decision is promulgated, and sometimes permanently for certain categories. There is no blanket automatic anonymity across all tribunal cases — check whether an order has actually been made in the specific case, rather than assuming anonymity applies by default.
How should I approach reporting discrimination claims sensitively?
Discrimination claims often involve detailed personal information about protected characteristics — race, sex, disability, sexual orientation, religion, age, and others under the Equality Act 2010. Report the tribunal's actual findings accurately rather than one party's unproven allegations as fact, avoid gratuitous detail about health conditions or personal circumstances beyond what is necessary to the story, and be conscious that claimants may face professional consequences from being named, even when their claim succeeds.
What is an embargo agreement and when would I need one for tribunal reporting?
An embargo agreement is used when you receive advance access to a tribunal judgment or settlement information before it is formally published or promulgated, on condition that you do not publish until an agreed time. This is less common in tribunal reporting than in general news but can arise when a party or their representative shares a judgment early. The embargo template in this pack sets out standard terms for such an arrangement.
Can I report the outcome of a tribunal case if it was settled before judgment?
If a case is settled (e.g. via ACAS conciliation or a private settlement) before judgment, there may be no public judgment to report from, and details of the settlement are typically confidential between the parties. You can generally still report the existence of the claim and its withdrawal or settlement if you learned this from a public tribunal record, but avoid publishing confidential settlement terms unless a party discloses them to you directly and you have no reason to believe disclosure breaches a settlement agreement.

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