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K TARIQ v HOME OFFICE

The use of the closed material procedure pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 Sch.1 para.54 before the employment tribunal was lawful in the instant case. There did not exist an absolute requirement that a claimant be provided with sufficient detail of the allegations against him to enable him to give instructions to his legal representative on them, where it would have involved the disclosure to the claimant of details of allegations which, in the interests of national security, were required to be kept secret.

18 July 2011

The appellant secretary of state appealed against the Court of Appeal's decision ((2010) EWCA Civ 462) that the European Convention on Human Rights 1950 art.6 required the respondent (T) to be provided with details of the allegations against him, in a closed material procedure within proceedings in the employment tribunal, in sufficient detail to enable him to give instructions to his legal representatives and to challenge the allegations effectively. T cross-appealed against the decision that a closed material procedure was permissible. T was employed by the Home Office as an immigration officer. His security clearance was withdrawn after the arrest of his brother and cousin during an investigation into a suspected terrorist plot. T's brother was released without charge, but his cousin was convicted of various offences. There was no information suggesting that T was involved with the plot. In the employment tribunal proceedings T claimed direct or indirect discrimination on grounds...

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