Revocation of anonymity order for Claimant who made a false allegation of sexual assault

15 March 2024

In Z v Commerzbank AG and ors, the EAT has upheld an employment tribunal’s decision to revoke an anonymity order backed by restricted reporting orders that had been made earlier in proceedings to protect the claimant’s identity.  The tribunal below had revoked the orders after finding that the Claimant had falsely made sexual harassment and sexual assault allegations against a female colleague (one of the respondents).

Once the tribunal found that the claimant’s allegation had been fabricated, it was entitled to revisit the privacy orders under its general case management powers in rule 29 of the Tribunal Rules 2013 on the basis that there was a material change of circumstances. Furthermore, its decision to revoke the orders was sound.

Moreover, the tribunal correctly conducted the required balancing exercise under rule 50 of the Tribunal Rules 2013. It placed substantial weight on the public interest in the author of a dishonest account being identified, against the lack of any countervailing argument based on the claimant’s Article 8 rights to privacy.

Transcript: https://www.bailii.org/uk/cases/UKEAT/2024/11.html


Authors

Daniel Hobbs

Call 1998

Related areas

Employment

Search

Join our mailing list to receive the latest news and event updates.

Subscribe

Popular

19 December 2023

A message from Head of Chambers, Jason Beer KC, looking back at the past 12…

Discover more

21 November 2023

Robert Cohen appeared in the Court of Appeal for the Home Office

Discover more

14 February 2022

The first hearings of the Post Office Horizon IT Inquiry commenced today.  Previously a non-statutory…

Discover more

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)