The employee, in this case, worked as a hairdresser for Sir Elton John and others.
Following his dismissal, he brought claims for unfair dismissal and sex discrimination. His claim included allegations of sexual misconduct.
During the course of the proceedings privacy orders were made preventing the identification of the parties.
The claim by Sir Elton John’s former hairdresser was later withdrawn after the parties had reached a settlement.
News Group Newspapers, wishing to publish a newspaper article about the proceedings without any restrictions, successfully applied to a tribunal for the discharge of a restricted reporting order (RRO).
The employee, Sir Elton John and others, wishing to prevent the publication of an article without restrictions appealed. They argued that the tribunal had no power following the withdrawal of the claim to vary the RRO. News Group Newspapers argued that the RRO had automatically expired upon the withdrawal of the claim.
The Employment Appeal Tribunal was un-persuaded by either argument. It said that the tribunal had jurisdiction to consider the RRO notwithstanding the fact that the claims had been withdrawn on settlement. It also said that the RRO did not expire automatically upon withdrawal of the claim. It went on to say that there was no error of law or principle in the balancing exercise conducted by the tribunal and, therefore, there was no reason to interfere with the tribunal’s conclusion that the privacy orders should be revoked.
Case reference: Fallows and others v News Group Newspapers Limited