ET -Anonymity, is it possible

[Legalconcern]

I have been employed by my employer (large public sector) for over 25 years. Unfortunately during COVID I experienced some real difficulties and for the first time in my career went off sick . I was subsequently accused of not following sick absence procedures and was dismissed. It was also alleged that I received a substantial overpayment (which I did not). I successfully appealed the decision and was to be reinstated with immediate effect and no detriment. Unfortunately this didnt happen (or at least there were very long delays during which I was on nil pay) and I had to raise an ET to get them to take the steps to get back to work eg offer me a post.

I have now been back in work for nearly a year (no absences, performing well) and the case has finally been concluded. The judge has partially found in my favour and a remedy hearing has been scheduled for a months time. Unfortunately the judgement contains lots of details about the allegations (which it does say I was found innocent of but still repeats them) and about my mental health/hosptalisation/suicide attempts. I am really starting to stress about the judgement going public and dont know what if anything I can do. I am a litigant in person and can't afford legal advice. I know this was always a possibility and dont know If I just have to try and suck it up but the impact on mental health is starting to show (my psychiatrist says they are worried). I am slightly terrified, feel humiliated, my reputation will be in tatters but not sure what else I could have done. Could I ask for anonymity or is it too late? WWYD? To be honest I feel that I just want to crawl under a rock and die but am trying to be sensible. Any advice gratefully received. Thank you.

You can make an application to the office handling your claim under Rule 50 of the Employment Tribunals Rules of Procedure asking for an order anonymising your judgement. The application would need to be copied to your employer. It would then be considered by an Employment Judge who would decide whether, and to what extent, anonymity should be granted. However, you may be too late.

Even if the judgement is published, few people will read it and anyone that does will know that the allegations were false. Your reputation will definitely not be in tatters. I suspect in many quarters your reputation will be enhanced by the fact you've stood up to them and not allowed them to ride roughshod over you.

Thank you. I have drafted and submitted an application. I dont think the judge will be very happy and understand they are very rarely accepted in ET cases. I appreciate I should have anticipated this but I didnt realise how badly the hearing would impact me. I have felt exhausted. We have the remedy hearing soon and am also terrified about that - there is so little guidance on this stage and timelines are so tight. I feel a bit overwhelmed and just like giving up. Their lawyers keep sending me demanding emails but am just trying to focus on holding it al together. I dont know if anyone has ever been through anything similar. Terrifying.

The Respondent has applied to change the remedy hearing into one to consider my application for anonymity, arguing it will also give us more time to prepare for the hearing. I am panicked as the hearing itself was already delayed due to ET backlogs. I just want this all over and done with now _ am so stressed. I was thinking of opposing the application but don't know how hard that is to do. Does anyone have any views, experience or advice? So hard to do this alone as a Litigant in Person and working full time. Feel like I'm going to combust. Would be so grateful for any advice or thoughts - WWYD?

I’ve never come across an application for anonymity in almost 20 years of practice, so they are a rare event. This is a good article on the balancing exercise:

https://www.parksquarebarristers.co.uk/anonymity-orders-in-the-employment-tribunal-by-simon-anderson/

This suggests to me that unless you can get an expert report showing clear risk of psychological harm if the order is not granted, then I’d prepare yourself for the fact that it isn’t going to happen - particularly as the hearing is now over.

If you want it over quickly, knowing the order is unlikely to be granted anyway, you do have the option to withdraw your application and respond to their application confirming the remedy hearing should proceed as planned in light of that withdrawal.