Does the EAT have jurisdiction to make a restricted reporting order beyond the date that judgment is handed down by the EAT?
Yes, held the EAT in A & B v X & Y & Times Newspapers Limited.
Times Newspapers applied to set aside a restricted reporting order made by the EAT after the Claimants' cases had been dismissed on withdrawal.
The EAT concluded that it had the power to make a restricted reporting order beyond the date of judgment on the basis of Employment Tribunals Act 1996 section 30(3) by which, subject to rules of procedure, it had the power to regulate its own procedure. Where European Convention rights were in issue, it was the duty of the EAT, pursuant to the Human Rights Act 1998, to interpret its powers, so far as possible, so as to protect such Convention rights.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.