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In DBP v Scottish Ambulance Service, the EAT held that an Employment Tribunal was wrong to refuse an application for permanent anonymity around a judgment dismissing her claims.
The judgment had been entered on the public register more than a year before, and this referred to her poor mental health, including a suicide attempt. The basis for the refusal was that it was not supported by medical evidence.
The claimant was acting as a litigant in person. She had indicated that she was prepared to fund a medical report to show that the continued publication of the judgment would create further risk of harm to her.
When the litigation started, she had applied for a permanent anonymity order under Rule 50 (now Rule 49), citing poor mental health, prior self-harm and a previous suicide attempt. The tribunal refused to grant the order.
The EAT held on appeal that fairness demanded that she be given a reasonable opportunity to gather the medical evidence.
Anyone wishing to suppress a public judgment which alludes to their health status would be well-advised to make an application well-armed with appropriate medical evidence in support of the application and to consider making the application before the litigation gets properly underway.
Rule 67 of the Tribunal Rules 2013 (now rule 65 of the Tribunal Rules 2024) provides that copies of judgments and written reasons must be entered on the public register. An anonymity order results in two versions of the judgment being produced. A 'normal' version containing the names of the parties, which is sent only to Acas and the parties themselves, and an anonymised version which goes on the public register. Other redactions may also be applied to avoid the identification of the party/parties by putting together the pieces (this is known as jigsaw identification).
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