Jurisdiction(s):
United Kingdom

EAT: Sexual Offences (Amendment) Act 1992 anonymity requires a formal criminal allegation; ET claims alone do not suffice; fabrication permits revoking anonymity/restricted reporting (Z v Commerzbank [2024] EAT 11)

Published on: 16 February 2024

Published by a LexisNexis Employment expert

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Article summary

Z v Commerzbank and others [2024] EAT 11

What are the practical implications of this judgment?

Practitioners advising on matters involving allegations of a sexual offence should take note of this decision, and in particular its reading of SO(A)A 1992, s 1(1), which imposes a lifelong bar on publication of material likely to lead members of the public to identify the alleged victim of certain sexual offences.

The EAT ruled that, for the SO(A)A 1992 protection to arise, there must be a formal allegation within the context of potential criminal proceedings where a charge for the relevant sexual offence could be pursued (e.g. a complaint to the police). Consequently, raising such an allegation in employment tribunal proceedings alone (as occurred here) does not secure that protection.

Practitioners should also note the finding that, if an employment tribunal concludes that the account underpinning an anonymity and/or restricted reporting order was fabricated, that may amount to a material change of circumstances warranting revocation of the order.

What is the relevant background?...

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