Employment Tribunals Act 1996

10 National security etc. E+W+S

(1) A Minister of the Crown may on grounds of national security direct an [F1 employment tribunal] to sit in private when hearing or determining any proceedings specified in the direction.

(2) I [F1 Employment tribunal] procedure regulations may enable an [F1 employment tribunal] to sit in private for the purpose of—

(a) hearing evidence which in the opinion of the tribunal relates to matters of such a nature that it would be against the interests of national security to allow the evidence to be given in public, or

(b) hearing evidence from any person which in the opinion of the tribunal is likely to consist of—

(i) information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,

(ii) information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or

(iii) information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the M1 Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.

(3) The reference in subsection (2)(b)(iii) to any undertaking of a person or in which he works shall be construed—

(a) in relation to a person in Crown employment, as a reference to the national interest,

(b) in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and

(c) in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons.

(4) If on a complaint under—

(a) section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992, or

(b) section 111 of the M2 Employment Rights Act 1996,

it is shown that the action complained of was taken for the purpose of safeguarding national security, the [F1 employment tribunal] shall dismiss the complaint.

(5) Except where the complaint is that a dismissal is unfair by virtue of—

(a) section 99(1) to (3), 100 [F2 , 101A(d)] or 103 of the Employment Rights Act 1996, or

(b) subsection (1) of section 105 of that Act by reason of the application of subsection (2), (3) or (6) of that section,

a certificate purporting to be signed by or on behalf of a Minister of the Crown and certifying that the action specified in the certificate was taken for the purpose of safeguarding national security is for the purposes of subsection (4) of this section conclusive evidence of that fact.

(6) The reference in subsection (5) to “dismissal” shall be construed—

(a) in relation to a person in Crown employment, as a reference to the termination of Crown employment, and

(b) in relation to a person who is a relevant member of the House of Commons staff, as a reference to the termination of his employment as such.

Textual Amendments

F1 Words in s. 10(1)(2)(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2 Words in s. 10(5)(a) inserted (1.10.1998) by S.I. 1998/1833, reg. 32(9)

Marginal Citations

M1 1992 c. 52.

M2 1996 c. 18.