The tribunal case involved a Mr David Smith, who had a 36-page file against his name and was victimised repeatedly for highlighting safety hazards on sites, including the presence of asbestos. David Clancy, investigations manager at the Information Commissioner's Office, told the Central London Employment Tribunal adjudicating on Smith's claims against construction giant Carillion that "there is information on the Consulting Association files that I believe could only be supplied by the police or the security services". It further appears that a civil action in the High Court is under consideration against some 39 companies. Some 100 victims are seeking redress.
In the light of the government's proposals for Closed Material Procedure (CMP) in certain
civil actions involving "sensitive material", it is interesting to consider whether such a procedure could apply in an action such as Mr Smith's before an Employment Tribunal or in an action in the courts such as that under consideration. I think that the answer is undoubtedly, YES. The allegation of Police involvement or Security Service (MI5) involvement would be enough to get the Secretary of State to trigger a CMP and thus close down public sight of the evidence. The issue of whether these bodies supplied information will be viewed by Ministers as "sensitive" justifying use of the procedure.
No one should therefore be so complacent as to think that Closed Material Procedure will be confined simply to cases against the government itself such as the Binyam Mohamed situation where security force collusion in torture at venues abroad was alleged and where the government sought to uphold a principle of confidentiality in relation to intelligence supplied to the UK by an ally (the USA).
For more on Justice and Security / Closed Material Procedure see Law and Lawyers "Secret Courts Condemned" which, in turn, links to earlier posts. The Justice and Security green paper itself indicates that government concerns might be raised in certain employment cases. "Gisting" has already been used in a number of employment cases - see, in particular, the Supreme Court's decision in Tariq  UKSC 35.
Blacklist blog -"Law fails blacklisted worker"