Tariq v Home Office [2010] EWCA Civ 462, [2010] All ER (D) 08 (May)
Court of Appeal, Civil Division, Lord Neuberger MR, Maurice Kay and Sullivan LJJ, 4 May 2010
In a case involving closed proceedings under anti-terrorism legislation, a party must be given sufficient information to answer the case made against him or her. The views of the party subject to the procedure will be of very heavy weight when determining whether to hold the open or closed proceedings first.
Robin Allen QC and Paul Troop (instructed Russell Jones & Walker) for the employee. Judith Farbey (Special Advocate) (instructed by Simon Gomes, Special Advocates Support Office) for the employee. James Eadie QC and Catherine Callaghan (instructed by the Treasury Solicitor) for the Home Office.
The claimant was an employee of the Home Office. He was suspended from duty owing to national security concerns and all levels of security clearance were withdrawn from him.
He was told that it was based on his association with suspected terrorists. He brought a complaint in the employment tribunal challenging those decisions.
The issue