F v G (Practice and Procedure : Restricted Reporting Order)

(1) The Judge was wrong to make an order under rule 49, since the case did not involve allegations of the commission of a sexual offence.� But:

(2) Notwithstanding the importance of open justice, a permanent anonymity order was in the particular circumstances of the case appropriate under the wider powers recognised in A v B [2010] ICR 849 , in order to protect the article 8 rights of the group of students and staff affected by the relevant aspects of the Policy

Discussion of relationship of rules 49 and 50 and the wider jurisdiction recognised in A v B and X v Commissioner of Police of the Metropolis [2003] ICR 1031

This is an appeal against the decision of Employment Judge Dean to make what she described as a permanent anonymity order, purportedly pursuant to rule 49 of the Employment Tribunal Rules of Procedure , in relation to proceedings then pending before the Birmingham Employment Tribunal.

Both before the Tribunal and before me the Appellant was represented by a friend, Mr Christopher Law, and the Respondent was represented by Mr Gary Morton of counsel.� When the appeal was first lodged I considered whether it was necessary to seek the assistance of an amicus but decided against it.� In hindsight, such assistance would indeed have been useful; but the need to ponder the difficult issues to which the appeal gives rise must excuse the time that it has taken me to promulgate this judgment.