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It will be seen that rules 49 and 50 do different things.Rule 49, which applies in cases involving the allegation of a sexual offence, imposes a mandatory requirement for the permanent removal from the public record of the Tribunal of identifying matter.The starting point is section 11 of the Employment Tribunals Act 1996 which provides (so far as material) as follows:"(1) Employment Tribunal procedure regulations may include provision - (a) for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and provision -(b) for cases involving allegations of sexual misconduct, enabling an employment tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.(2) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order - (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,(b) in the case of publication in any other form, the person publishing the matter, and(c) in the case of matter included in a relevant programme - (i) any body corporate engaged in providing the service in which the programme is included, and(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.(3) – (5) ….(6) In this section - "identifying matter", in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,"relevant programme" has the same meaning as in the Sexual Offences (Amendment) Act 1992,"restricted reporting order" means an order -(a) made in exercise of a power conferred by regulations made by virtue of this section, and(b) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,"sexual misconduct" means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,"sexual offence" means any offence to which section 4 of the Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the Criminal Procedure (Scotland) Act 1995 applies (offences under the Sexual Offences Act 1956, Part 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and"written publication" has the same meaning as in the Sexual Offences (Amendment) Act 1992."3.

The manager might in principle have been entitled to protection to prevent being subjected to undue pressure during the giving of his evidence or to protect his article 8 rights.

It is thus both broader and narrower than rule 49 - broader because it protects persons affected by allegations of sexual misconduct of any kind, and not only sexual offences, and narrower because the effect is not permanent: once the proceedings are over, the restriction disappears - though of course by that time public interest in the proceedings may well have diminished. It is clear from its wording, but is in any event established by authority, that a restricted reporting order under rule 50 may be made to protect not only an alleged victim of sexual misconduct but also an alleged perpetrator and in some circumstances a witness: see [1998] ICR 73 there is reference to the risk of witnesses - which would of course include alleged perpetrators - being put under "undue pressure" by the kind of peculiarly intense media coverage which often accompanies cases with a sexual element, and to the effect that that might have on the way in which they were able to give their evidence.7.

It was also held in [2010] ICR 849 that rules 49 and 50 could in an appropriate case be a vehicle for vindicating the article 8 rights of persons involved in proceedings in the Employment Tribunal: see the supplementary judgment at p. It is well established that the provisions of these rules, and specifically of rule 50, have to be operated in a manner which infringes as little as possible the freedom of the press, which includes the freedom to report contemporaneously – see paragraph 4 of the judgment in .8.

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