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Guidance has been published on remote observation of hearings at the Employment Appeal Tribunal (EAT) by the Courts and Tribunals Judiciary.  

The Remote Observation and Recording (Courts and Tribunals) Regulations 2022 (the Regulations) have allowed those who are not taking part in a hearing to observe it remotely since 28 June 2022.

The guidance states that an application to observe a hearing by a non-participant should be made as soon as possible, ideally at least 5 days in advance, but by no later than 4pm on the Friday before the listed hearing date. The application should focus on why the person wishes to observe the hearing remotely, where they will attend from and how they propose to attend.

The EAT must be satisfied that granting the application would be in the interests of justice, that there is the capacity and technology to enable transmission and that it would not create an unreasonable administrative burden. The registrar or judge considering the application will also need to take into account the considerations set out in regulation 4 of the Regulations which include the need for open justice and the impact allowing remote observation might have on the content and quality of the evidence, public understanding, the ability of the media and public to observe and scrutinise, and the safety and the right to privacy of anyone involved in the proceedings.