07 May 2010 #Employment
Kashif Tariq, was described as his barrister as a "professional" civil servant "who is highly regarded by his peers and supervisors and who has an impeccable employment record". Yet he was suspended by his employer, the Home Office, not because of any suspected wrongdoing on his part per se, but because he is the cousin of Tanvir Hussain, who was found guilty of plotting to blow up trans-Atlantic airlines.
Mr Tariq is bringing a race and religious discrimination claim against the Home Office, but the Home Office wanted to conduct the hearing in private and for certain evidence to be withheld from Mr Tariq and his legal team, again, on national security grounds.
The Court of Appeal did not grant the Home Office its request and instead ordered that they should disclose the "essential gist" of the case against Mr Tariq in the interests of his right to a fair hearing.
Lord Justice Maurice Kay said: "I appreciate that, in a particular case - and we cannot yet know if this is one such - this may put the public authority in the invidious position of having to make difficult decisions about disclosure and whether or how a claim is to be defended."
Watch this space for any appeal by the Home Office to the Supreme Court.