ICO: Name organisations at employment tribunal

Organisations involved in employment tribunals could now be named, following a ruling by the Information Commissioner's Office.

The government stopped the practice of naming employers involved in disputes in 2004. However, a ruling by the Information Commissioner's Office (ICO) at the beginning of October found that the Department for Business, Enterprise & Regulatory Reform (Berr) must disclose which employers are involved in tribunal disputes. The ruling followed a Freedom of Information Act request.

The request was made by an unnamed person in January 2005, but was turned down by the then Department of Trade and Industry (DTI), which argued that such a disclosure would be "likely to otherwise prejudice the effective conduct of public affairs". The nub of the DTI's argument was that the information should not be published as it could damage the reputation of companies "where ill-founded and misconceived complaints are made against them", while publicity could lessen the chances of disputes being settled before the hearing.

The DTI also argued that publicising the names of small companies could lead to unwelcome attention from firms wishing to sell tribunal-representation services.

However, ICO deputy commissioner Graham Smith found that "the public interest in maintaining the exemption is outweighed by the public interest in disclosure of the information".

"There is a very weak — if any — public interest in maintaining the exemption," wrote Smith. "The details of cases brought before courts and tribunals should normally be in the public domain unless there is good reason for confidentiality."

Berr has the right to appeal the decision. The government department had not responded to a request for comment at the time of writing.

Employment law experts said that small companies involved in disputes may now be exposed to direct marketing by tribunal-services companies. "There is a danger that the publication will lead to contact from companies," Ben Doherty of Pinsent Masons solicitors told technology law website Out-Law.com.