Tariq v Home Office [2009] All ER (D) 100 (Nov)
The procedure sanctioned by r 54 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), was not incompatible with the employee’s right under Art 6 of the European Convention on Human Rights to a fair hearing, or his right under Community law to an effective judicial remedy.
Whether the withholding of materials from a claimant pursuant to r 54 would render the hearing unfair would depend on the nature of the open and closed materials in the light of the allegations being made.
Article 6 required that the employee be provided with the allegations being made against him in sufficient detail to enable him to give instructions to his legal team so that those allegations could be challenged effectively.
