Employment Appeal Tribunal judgments, 2015

For a detriment claim under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992, once the worker establishes a prima facie case, the…

A parks constable serving in a local-authority parks police service falls within the statutory exclusion for police service where the service is a constabulary…

The test for apparent bias is objective. The question is whether a fair-minded and informed observer, knowing all relevant facts, would conclude that there was…

In a conduct dismissal, an Employment Tribunal must apply the band of reasonable responses to both the employer’s decision and its investigation. It must not…

In a conduct dismissal, fairness under section 98(4) requires application of the Burchell questions and the range of reasonable responses test to both the…

An Employment Tribunal deciding whether unfair-dismissal and whistleblowing rights extend to employment performed abroad must weigh all relevant circumstances.…

An Employment Tribunal must make reasonable adjustments to enable a disabled party to participate effectively and obtain a fair hearing. The adjustments must…

A finding that an employee’s conduct caused an unfair dismissal does not by itself justify reducing both statutory awards by 100%. The tribunal must assess, in…

For a detriment claim under section 47B of the Employment Rights Act 1996, an Employment Tribunal must decide whether the employee suffered a real detriment…

Where a claimant seeks to rely on extensive factual allegations not pleaded in the ET1 or an authorised amendment, further permission to amend is required. A…

Where an employee establishes a constructive dismissal, the tribunal must determine whether the employer committed a repudiatory breach and whether the…

For discrimination arising from disability under Equality Act 2010, section 15, a tribunal must identify the unfavourable treatment, determine the conscious or…

In a misconduct dismissal, the statutory fairness inquiry concerns whether the employer had a genuine and reasonable belief, reached after a reasonable…

In a misconduct dismissal, the tribunal must apply the objective reasonable-employer test to the employer’s belief in the alleged misconduct. It must not…

A finding of victimisation is not logically inconsistent with the failure of a direct race discrimination claim arising from the same treatment. The causes of…

A part-time worker is treated less favourably where payment for work is discretionary but a comparable full-time worker has an entitlement to paid time for…

An Employment Tribunal must give reasons that enable the parties to understand why it reached its material factual findings. A bare preference for one witness…

For direct age discrimination, an employer must establish an actual legitimate aim and show that the discriminatory measure is a proportionate means of…

For dismissal under section 95(1)(a) of the Employment Rights Act 1996, the tribunal must determine the factual reality of who terminated the employment…

For indirect discrimination under Equality Act 2010 section 19, proportionality requires an objective balance between the discriminatory impact of the PCP and…

When deciding an application to amend, an Employment Tribunal must identify the true nature of each proposed amendment, consider any applicable time limit, and…

On an application to strike out for no reasonable prospect of success, the respondent bears the burden of satisfying the Employment Tribunal that the claim…

An appellate tribunal may interfere with an Employment Tribunal’s factual findings only on a point of law. A perversity challenge faces a high threshold: it…

Direct race discrimination under section 13 of the Equality Act 2010 requires less favourable treatment, not merely unfair, unreasonable or detrimental…

An Employment Tribunal must keep separate the question whether a discrimination claim is in time and the distinct question whether it has no reasonable…

For discrimination arising from disability under Equality Act 2010 section 15, the pleaded unfavourable treatment must be because of something which arose in…

A contravention of section 39(2)(d) of the Equality Act 2010 requires both direct discrimination and a detriment. Less favourable treatment because of a…

In determining fairness under section 98(4) of the Employment Rights Act 1996, an Employment Tribunal must assess the disciplinary process as a whole and…

A tribunal may strike out a claim where a claimant has deliberately misled it and tampered with evidence, and that conduct has destroyed the trust in the…

On a remission, the tribunal must comply with the appellate order according to its terms. A direction permitting consideration of evidence heard and facts…

In an absence-related capability dismissal, an Employment Tribunal must address whether the employer could reasonably have been expected to wait longer. It…

For direct disability discrimination, a tribunal may distinguish between disability itself and security risks arising from information connected with that…

In assessing mitigation of loss, the burden lies on the wrongdoer to prove that the dismissed employee acted unreasonably. It is insufficient to show that the…

An appellate tribunal may interfere with an Employment Tribunal’s strike-out decision only if it is Wednesbury unreasonable. Fairness must be assessed overall.…

For indirect discrimination under Equality Act 2010, the claimant must first establish the relevant primary facts. Where the alleged PCP is a practice, there…

An instruction restricting the language spoken at work may amount to direct race discrimination where it is linked to an employee’s race or national origins.…

For direct age discrimination, a comparison is not invalid because the asserted material difference is itself a consequence of age. The question whether…

An Employment Appeal Tribunal review under Rule 33(1) of the Employment Appeal Tribunal Rules 1993 is an exceptional mechanism for correcting a mistake. It is…

The decision affirms that an employee must be given an opportunity to address any new, decisive factor before dismissal. A disciplinary warning issued after…

For a qualifying disclosure under section 43B(1)(b) of the Employment Rights Act 1996, an employee's reasonable belief in a breach of legal obligation is not…

An Employment Tribunal’s reasons are adequate where, read fairly as a whole, they identify the issues, state the applicable law, explain its application to the…

An Employment Appeal Tribunal appeal must be instituted within 42 days from the date on which the Employment Tribunal’s decision is sent to the parties.…

For limitation under Equality Act 2010, conduct extending over a period may comprise an unbroken discriminatory state of affairs. Where a course of…

A finding of gross misconduct does not itself make dismissal fair. The tribunal must decide, on the facts as a whole, whether dismissal fell within the range…

An on-call worker who is entitled to sleep at home at or near the workplace is not necessarily working throughout the on-call shift. Under National Minimum…

Where an employee works wholly abroad, territorial jurisdiction for statutory employment claims requires a comparative assessment of whether the employment has…

Under section 15 of the Equality Act 2010, justification is an objective question. The tribunal must assess proportionality on all material before it. An…

In assessing future loss, an Employment Tribunal must allow for realistic contingencies, rather than every remote possibility. It may express that assessment…

For continuity of employment following a change of employer, the presumption in section 210(5) does not apply because section 218(1) confines it to employment…

A disciplinary investigation must remain the work of the appointed investigating or dismissing officer. Human Resources may advise on law, procedure, process…

For a qualifying disclosure under section 43B(1) of the Employment Rights Act 1996, the tribunal must ask whether the worker actually believed that the…

Where an Employment Tribunal’s findings of fact, despite errors in its reasoning, permit only one lawful outcome, the Employment Appeal Tribunal may substitute…

Under section 98(4) of the Employment Rights Act 1996, the question is whether dismissal of the employee concerned fell within the range of reasonable…

An Employment Tribunal must give reasons proportionate to the significance of a case-management issue. Reasons for a non-judgment decision may be short, but…

A contractual workplace complaint may satisfy the public-interest requirement for a qualifying disclosure. The question is fact-sensitive. A relatively small…

An appeal tribunal will not ordinarily admit fresh evidence where the party unsuccessfully sought reconsideration below, did not appeal that refusal, and has…

In disability claims, a tribunal must identify the period from which a mental impairment had a substantial and long-term adverse effect, and explain why the…

An Employment Tribunal must give reasons which show how it reached its conclusion on a claimed uplift. Under section 207A of the Trade Union and Labour…

In a conduct dismissal case, the adequacy of an employer’s investigation falls to be assessed within the range of reasonable responses. The seriousness and…

An Employment Tribunal's reasons must identify the issues decided, the material findings of fact, the relevant law, and the application of law to those…

For the continuity provisions in section 218(2) of the Employment Rights Act 1996 to apply on a transfer of an undertaking, the employee must have been…

For victimisation, a protected act must be an effective cause of the detriment. An employer may, in a clear and exceptional case, act because of a separable…

An Employment Tribunal must not treat a claim pleaded in an ET1 as abandoned merely because it is not repeated in ordered particulars, without addressing that…

Under Employment Rights Act 1996, section 98, fairness requires an overall assessment of the employer’s actual decision. Substance and procedure must be…

Social-media misconduct cases are governed by the ordinary law of unfair dismissal. Under Employment Rights Act 1996, an Employment Tribunal must assess…

An Employment Tribunal has a broad but judicial discretion whether to direct a preliminary hearing on limitation. It must apply the overriding objective and…

For a continuing act under section 123 of the Equality Act 2010, the complaint must be capable of linking the earlier conduct with the later act relied on to…

An Employment Tribunal must manage issues firmly, but it must not treat a record made at a strike-out hearing as a concluded list of issues when it was not…

Employment legislation does not ordinarily apply to work outside the United Kingdom. Its territorial reach depends on whether the employment relationship has a…

In a conduct dismissal case, an Employment Tribunal must first identify the employer’s reason for dismissal and then apply the range of reasonable responses.…

A contractual term stating that full-time hours will generally be 56 hours per week, unless otherwise agreed, confers an entitlement to that level of work. The…

Where an employee cannot continue in their existing role without contravening an enactment, a dismissal may fall within section 98(2)(d) of the Employment…

An appellate tribunal will permit a new point of law to be raised only in exceptional circumstances. The discretion is not engaged merely because the point may…

In a wrongful-dismissal claim, the tribunal must determine for itself whether the employee committed a repudiatory breach justifying summary dismissal. It…

An Employment Tribunal is not required to formulate and determine a legal basis of personal liability which the claimant has never advanced. This remains so…

An employee establishes constructive dismissal where the employer commits a repudiatory breach and the employee resigns at least partly in response to it…

For an associative victimisation claim, the decisive question is whether the employer treated the employee adversely because of protected acts done by another…

The statutory right not to be unfairly dismissed is distinct from contractual rights. A contractual breach may be relevant under section 98(4) of the…

An employee’s actual repudiatory breach of the contract of employment entitles the employer to accept that breach and dismiss summarily. In a…

Victimisation requires a finding that a protected act significantly influenced the decision-maker’s mental processes, consciously or unconsciously.…

For a costs order based on unreasonable conduct under rule 40(3), the conduct must meet a high threshold. An enquiry whether an interpreter might be available…

For the purposes of section 95(1)(a) of the Employment Rights Act 1996, a tribunal must determine whether the employer’s conduct terminated the employee’s…

A claim should not ordinarily be struck out for having no reasonable prospects of success where there is a crucial core of disputed fact. Striking out is…

In assessing a reduction for contributory conduct in an unfair-dismissal award, an Employment Tribunal must identify culpable and blameworthy conduct that…

For direct discrimination, the decisive question is why the alleged discriminator acted as he did. The protected characteristic must have been a conscious or…

Whether an employee returning from maternity leave has been returned to the same job under Regulation 18 requires a factual and purposive assessment of the…

Under section 98 of the Employment Rights Act 1996, the employer’s reason for dismissal is the set of facts operating on the employer’s mind. The tribunal must…

Section 15 of the Equality Act 2010 requires a causal connection between disability and unfavourable treatment, but it does not require the disability itself…

Where an employee alleges an automatically unfair dismissal for a prohibited trade-union or victimisation reason, the employer must establish the permissible…

For indirect discrimination under section 19 of the Equality Act 2010, a claimant must establish both disadvantage to the protected group and the same…

When deciding whether to extend time for an application to reconsider an Employment Tribunal judgment, the Tribunal must consider the underlying merits as a…

A disclosure may be protected under the statutory whistleblowing scheme when made to a legal adviser or prescribed person. It does not lose that character…

Time limits for unfair-dismissal and unlawful-deduction complaints are mandatory jurisdictional limits. They cannot be waived or conferred by agreement, and…

For disability under Equality Act 2010, the tribunal must decide whether the substantial adverse effect of the impairment, rather than the impairment itself…

A notice of appeal is validly instituted where it is substantially in accordance with the prescribed form. A postal address supplied elsewhere on the notice…

An appointment decision is a one-off act with continuing consequences, rather than a continuing discriminatory act, where the employer neither repeats nor…

A series of separate fixed-term contracts, without continuity of employment between them, does not as a matter of law prevent the consistent application of an…

A claimant must establish a physical or mental impairment which has a substantial and long-term adverse effect on normal day-to-day activities. The assessment…

Where an employer has adopted a clear, albeit conditional, intention to close an undertaking and the condition is unlikely to be met, the duty to consult on…

For acts to constitute a continuing act for limitation purposes, each incident relied on must be unlawful. A tribunal errs if it treats lawful incidents as…

For direct discrimination, an Employment Tribunal must identify both less favourable treatment and the reason for it. Actual comparators need not be identical…

Under section 98(4) of the Employment Rights Act 1996, an Employment Tribunal must assess the reasonableness of the employer’s investigation, procedure…

For an automatic-unfair-dismissal claim under section 103A of the Employment Rights Act 1996, a tribunal must identify the employer’s actual reason, or…

A professional who markets services to potential providers, remains free to accept work from whom and when he chooses, and is not engaged exclusively as an…

Under Employment Rights Act 1996, the Employment Tribunal must determine the employer’s true reason for dismissal. If it finds that disability, rather than…

Where disciplinary charges allege that an employee made complaints in bad faith, an Employment Tribunal need not make a separate finding of the employee’s…

A tribunal must not strike out a timely pleaded detriment claim by treating express factual allegations in the claim form as mere narrative. Where the alleged…

In a direct-discrimination claim, the decisive issue is the reason why the claimant received the treatment. An unhelpful distinction between suspected and…

An appellate tribunal will not revisit an Employment Tribunal’s factual findings unless a perversity challenge meets its high threshold. A tribunal need not…

On an application under Rule 38(2), relief from the automatic dismissal caused by breach of an unless order depends on a broad assessment of the interests of…

In determining fairness under section 98(4) of the Employment Rights Act 1996, an Employment Tribunal must assess the dismissal process as a whole. This…

Whether an employee has affirmed an employer’s repudiatory breach is a fact-sensitive question of conduct and context, not one governed by an automatic time…

A provision, criterion or practice which prevents a worker from wearing religious dress compliant with her beliefs may engage indirect-discrimination…

For discrimination arising from disability under section 15 of the Equality Act 2010, the unfavourable treatment is the employer’s act or omission which…

For a claim under section 100(1)(e) of the Employment Rights Act 1996, the tribunal must first determine whether the employee reasonably believed there were…

A cross-appeal in the Employment Appeal Tribunal is a challenge to a decision adverse to the cross-appellant, made by the same Employment Tribunal, on the same…

An Employment Appeal Tribunal will ordinarily permit a new point only in exceptional circumstances, particularly where deciding it would require further…

Where an Employment Tribunal makes positive findings that the impugned treatment was fully explained by genuine, non-racial reasons, it need not mechanically…

Statutory unfair-dismissal fairness under Employment Rights Act 1996 is not determined by whether dismissal was summary or on notice. A breach of the notice…

An employee affected by a proposed TUPE transfer may be an applicant for employment within Equality Act 2010, section 39(1), where the transferee offers…

In a conduct dismissal, once the employer has shown the reason for dismissal, the tribunal must determine fairness under section 98(4) of the Employment Rights…

An Employment Tribunal must determine the dispute which the parties put before it. A claim must ordinarily remain within the pleadings, but the Tribunal need…

On an application to reinstate a claim dismissed for non-payment of an Employment Tribunal fee, the governing criterion is the overriding objective: whether…

A job evaluation study may lawfully use separate factor plans and produce separate grade and working-context-and-demands scores. It remains valid if, taken…

An unless order takes effect automatically only when there has been substantial non-compliance with the precise terms of that order. A party cannot lose its…

The Employment Appeal Tribunal confirms an employment tribunal must assess the fairness of dismissal by considering the entire disciplinary process, including…

Disclosure in remedy proceedings is required where it is necessary for the fair disposal of the proceedings. Relevance alone does not suffice, but information…

A worker cannot create a protected disclosure by aggregating separate communications. Each communication must independently satisfy the statutory requirements…

An Employment Tribunal must identify with certainty the provision, criterion or practice (PCP) relied on and determine the claim by reference to that PCP. It…

An Employment Tribunal may award costs under Rule 76 where a party has acted unreasonably in bringing or conducting proceedings. Unreasonable conduct does not…

A Polkey assessment is a predictive assessment of the chance that a fair dismissal would have occurred. It is not a balance-of-probabilities decision about…

In a redundancy dismissal, the Employment Tribunal may find that the selection procedure fell outside the band of reasonable responses where its deficiencies…

For a peripatetic employee, the territorial application of unfair-dismissal rights depends on whether the employment has a sufficiently strong connection with…

In complex, professionally conducted Employment Tribunal litigation, the claim and response define the issues. A party seeking to add factual allegations…

For unfair dismissal, fairness under section 98(4) of the Employment Rights Act 1996 is assessed when the dismissal takes effect. Where material circumstances…

An Employment Tribunal may assess allegations of direct sex discrimination holistically. It need not resolve every factual conflict or recite every item of…

Under section 27 of the Equality Act 2010, victimisation requires a detriment caused by the protected act. An omission may amount to a detriment, but the…

On an application under Rule 38(2), an Employment Tribunal must make a broad assessment of whether setting aside an unless order is in the interests of…

An Employment Tribunal is not generally under a legal duty to conduct a proactive or inquisitorial investigation into factual and evidential matters which a…

When deciding whether it is just and equitable to extend time under Equality Act 2010 section 123(1)(b), an Employment Tribunal must consider all relevant…

An employer may have some other substantial reason for dismissal where it reasonably concludes that an indefinite arrangement to pay an employee from public…

For protection under section 45A(1)(a) of the Employment Rights Act 1996, an Employment Tribunal must first determine whether the employer imposed or proposed…

In assessing compensation for unfair dismissal, the employer bears the burden of proving both an employee’s unreasonable failure to mitigate loss and the…

An appeal to the Employment Appeal Tribunal lies from a decision, not from an immaterial finding in a tribunal’s reasons. By analogy with Rule 1(3) of the…

For a disclosure to qualify under section 43B(1) of the Employment Rights Act 1996, the issue is whether the worker reasonably believed that making it was in…

An extension of time for an Employment Appeal Tribunal appeal is a judicial discretion. The applicant must provide a full, honest and acceptable explanation…

For the purposes of rule 11(1), an application for fee remission may be made when an online claimant unequivocally chooses remission rather than payment, even…

Where proceedings combine an unfair-dismissal claim, ordinarily heard by an Employment Judge alone, with a claim that requires lay members, the Judge must…

An Employment Tribunal may make an extended restricted reporting order where this is necessary to protect Convention rights. That power derives from the…

In assessing whether a conduct dismissal was fair, an Employment Tribunal must focus on the material actually available to the employer when it made its…

An employment tribunal deciding a reasonable-adjustments claim must identify the adjustment sought and determine whether it was a step which it was reasonable…

An Employment Tribunal must give a representative a fair opportunity to provide evidence of means where that evidence may affect whether a wasted-costs order…

An Employment Tribunal determining a reasonable-adjustments claim must identify the proposed steps and decide whether they were reasonable steps for the…

A tribunal must reject a claim instituting relevant proceedings where the prescribed early-conciliation information is absent or where the claim wrongly…

For the purposes of section 152(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, the tribunal must determine as a question of fact the…

A procedural-irregularity appeal based on an omitted document fails where, on the balance of probabilities, no proper application was made to the Employment…

Whether an agency worker was dismissed is a question of fact. A communication said to terminate employment must be read objectively, as a whole and in its…

Where the statutory dispute-resolution procedures were repealed, the transitional provisions preserved them only for an employee who met the stated…

Where an employer’s contractual appeal is a rehearing, an Employment Tribunal must identify the reason or reasons for the dismissal as maintained or determined…

An appellate challenge to a Polkey assessment fails where the Employment Tribunal's finding that there was no realistic prospect of a return to work was open…

A dismissal may be fair under the unfair-dismissal legislation while also being discriminatory. The statutory tests ask different questions. A discriminatory…

A protected disclosure claim requires proof both of a detriment by the employer and of the required causal connection. Under section 47B, the disclosure must…

A statutory pension-eligibility threshold which excludes a worker from consideration solely because the worker is part-time must be read compatibly with the…

A tribunal may determine only the discrimination complaint brought before it. For victimisation under section 27 of the Equality Act 2010, the claimant must…

When assessing compensation after an unfair dismissal, an Employment Tribunal must not refuse a Polkey assessment merely because the outcome of a fair process…

An Employment Tribunal may consider a just and equitable extension of time before finally determining when time began to run. It must nevertheless proceed on a…

An employee is not subject to an implied contractual duty to report every allegation of impropriety made against them. In the absence of an express term, the…

An Employment Tribunal may use a judicial member’s own knowledge and experience when deciding an issue, provided that a party is given a fair opportunity…

Where a tribunal’s reserved findings introduce a factual basis which materially alters the statutory calculation of an award, it may be in the interests of…

Apparent bias requires an objective assessment of all material circumstances. The question is whether a fair-minded and informed observer would conclude that…

An Employment Tribunal's reasons for a costs order must, read fairly and as a whole, make sufficiently clear the basis on which the party is required to pay.…

An Employment Tribunal may find that an employer conducted a reasonable misconduct investigation despite an unpursued line of inquiry where the evidence…

Whether an employer has repudiated the implied term of trust and confidence is a fact-sensitive question for the Employment Tribunal. It must be decided…

For harassment under section 26 of the Equality Act 2010, the claimant’s perception is assessed as a fact, but the surrounding circumstances and whether the…

An Employment Tribunal may draw an adverse inference about mitigation income where a claimant has failed to provide supporting financial information. Its…

Where a worker establishes a prima facie case that a detriment was imposed for a prohibited trade-union purpose, the employer must prove on the balance of…

Relief from the automatic strike-out caused by non-compliance with an unless order depends on the interests of justice in all the circumstances.…

In a conduct dismissal, the tribunal must apply the range of reasonable responses test. It must assess whether the employer had reasonable grounds for its…

For the purposes of Regulation 2(1)(a) of the Working Time Regulations 1998, a period is working time only if the worker is working, at the employer’s…

For a service provision change under TUPE Regulations 2006, activities before and after the alleged transfer must be carried out for the same client. Where the…

For a just and equitable extension of time, an Employment Tribunal must have some evidential basis for the claimant’s reason for delay. The reason may be…

A worker who receives the same weekly instalment of annual salary throughout the year, including during rostered leave, is paid a week's pay for statutory…

An Employment Tribunal commits a material error of law where it expressly relies on misstated judicial guidance when assessing injury-to-feelings compensation.…

An Employment Tribunal has a broad judicial discretion to award costs after finding unreasonable conduct. It may have regard to the paying party’s means both…

Under Rule 34A(2A) of the EAT Rules, an order reimbursing appeal fees may not exceed a fee paid by the appellant. Fees paid by a trade union on the appellant’s…

An Employment Tribunal must reject a claim form which does not contain an accurate early-conciliation number required by Rule 10. A permissible factual…

Where the costs jurisdiction is engaged by unreasonable conduct, an Employment Tribunal must still exercise its discretion whether to award costs and, if so…

In assessing compensation for unfair dismissal, an Employment Tribunal must make a reasoned assessment of the employment that would probably have continued had…

In assessing a Polkey reduction under section 123(1) of the Employment Rights Act 1996, an Employment Tribunal must assess what this employer would probably…

A transfer from an adjusted role to another role does not, without more, establish a failure to make reasonable adjustments under section 21 of the Equality…

A tribunal may not rewrite an express contractual minimum-hours term as a maximum-hours term without a solid evidential basis. A finding contrary to the…

In a claim that dismissal was automatically unfair under regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, an…

In a protected-disclosure detriment claim, time runs from the alleged detriment, not from the protected disclosure relied upon. An Employment Tribunal…

A contractual claim for notice pay requires the tribunal to decide what the employee actually did. A reasonable investigation and a genuine, reasonable belief…

For section 15 of the Equality Act 2010, unfavourable treatment may arise in consequence of disability through an intervening event. Where disability-related…

A tribunal considering strike-out for failure actively to pursue a claim must give sufficient reasons to show that it considered the party’s response to the…

Where an award is intended to leave a claimant with a specified net sum after tax, the taxable elements must be grossed up by calculating the amount which…

An Employment Tribunal commits a material procedural irregularity if it excludes a witness whose evidence may materially bear on the credibility of competing…

For constructive dismissal, a tribunal must identify the contractual breach relied on, decide whether it was repudiatory, and find that it caused or played a…

An employment tribunal may award or increase compensation for failure to provide written employment particulars under section 38 only where proceedings fall…

Under Rule 35(3), whether it is practicable for the original Employment Judge to consider a review application is a question of fact and degree. It must be…

Trade union rules are construed reasonably and purposively, having regard to their authorship, purpose and intended readership. Their application may require…

An Employment Tribunal does not err by failing to determine a case which was not put before it. Where a pleaded issue was not expressly withdrawn but its…

Under Regulation 8 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the state guarantee for employees transferred during a…

An Employment Tribunal may determine whether earlier discrimination allegations form part of conduct extending to a later dismissal by reference to the case…

A trade union rule on membership must be construed reasonably and in the context of the rules as a whole. A lay national official is not, merely by holding…

In a constructive-dismissal claim, affirmation following an employer’s assumed repudiatory breach is assessed on all the circumstances. Mere delay does not…

The duty to make reasonable adjustments under Equality Act 2010 s.20 requires a proved causal link between the disability and the substantial disadvantage…

For indirect discrimination under section 19 of the Equality Act 2010, a provision, criterion or practice must disadvantage the claimant and other actual…

A disclosure may qualify for protection despite being mistaken, provided the worker held a reasonable belief. Where good faith is required, reasonable belief…

Type 2 diabetes does not, without more, amount to a disability under the Equality Act 2010. The statutory guidance requires account to be taken of reasonable…

In a misconduct dismissal, the statutory question remains whether the employer acted within the range of reasonable responses under section 98(4) of the…

In a misconduct dismissal, an employee’s subjective state of mind and the objective character of the conduct are both relevant circumstances under section…

Under Rule 34A(2A) of the EAT Rules, an order reimbursing appeal fees cannot exceed fees paid by the appellant. Fees paid by a trade union on an appellant’s…

For the comparator requirement in regulation 2(4) of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the tribunal must assess…

An employee may accept a unilateral contractual pay reduction by conduct where continued work without protest is, in all the circumstances, properly treated as…

A tribunal must identify a clear factual and legal basis for a finding of direct disability discrimination. Dismissal because of sickness absence and sick…

An Employment Tribunal must give adequate reasons for finding that a relevant transfer occurred under the TUPE Regulations. Where transfer is disputed, the…

When deciding whether it is just and equitable to extend time for a discrimination complaint, an Employment Tribunal must consider and balance the prejudice to…

A contractual power allowing an employer unilaterally to vary an employee’s contractual working arrangement is unusual and requires clear language. A…

An Employment Tribunal should not reopen, at a remedy hearing, a concluded and unappealed finding that an employee did not contribute to dismissal. Fresh…

Procedural unfairness in a disciplinary process may amount to a repudiatory breach of the implied term of mutual trust and confidence, and thereby found a…

In assessing the fairness of a conduct dismissal under section 98(4) of the Employment Rights Act 1996, an Employment Tribunal must review the employer’s…