Online Tribunal Judgments and The Limits of Open Justice
Forthcoming (2021) 41 Legal Studies
29 Pages Posted: 29 Apr 2021
Date Written: April 1, 2021
The principle of open justice is a constituent element of the rule of law: it demands publicity of legal proceedings, including the publication of judgments. Since 2017, the UK government has systematically published first instance Employment Tribunal decisions in an online repository. Whilst a veritable treasure trove for researchers and policy makers, the database also has darker potential – from automating blacklisting to creating new and systemic barriers to access to justice. Our scrutiny of existing legal safeguards, from anonymity orders to equality law and data protection, finds a number of gaps, which threaten to make the principle of open justice as embodied in the current publication regime inimical to equal access to justice.
Keywords: Employment Tribunals, Online Judgments, Open Justice, Machine Learning, Data Protection, Algorithmic Discrimination
JEL Classification: K00
Suggested Citation: Suggested Citation