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Scotland: Presidential Guidance on Open Justice in Employment Tribunal hearings – observers, remote attendance, live tweeting, document inspection, overflow venues and recording prohibitions (July 2025)

Published on: 15 July 2025

Published by a LexisNexis Employment expert
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Presidential Guidance – Open justice in Employment Tribunal proceedings in Scotland – 14 July 2025

The open justice principle means that court proceedings ought to be open and available to the public and the media to secure transparency, accountability and public confidence in the legal system. It is a fundamental pillar of the rule of law. Rule 57 of the Employment Tribunal Rules of Procedure 2024 (ET Rules 2024), SI 2024/1155, stipulates that any final hearing is to be held in public, subject to ET Rules 2024, SI 2024/1155, Rules 49 and 93 concerning private hearings and national security proceedings. The President of the Employment Tribunals for Scotland has issued guidance on the open justice principle in Presidential Guidance addressing observing, tweeting and recording hearings, together with access to witness statements and other case‑related documents. All employment judges and tribunals in Scotland must have regard to this guidance, though it is not binding. A brief overview of the 59‑paragraph Presidential Guidance appears below.

Observing a hearing at a venue

  • Where a public hearing is held in person (including hybrid hearings), members of the public may attend...

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