Earlier reported cases judgments, 2010

Exclusion of part-time employees from an occupational pension scheme may breach the equality clause even where the scheme is voluntary. However, the statutory…

An employer is not automatically liable for racial harassment because third parties have created a hostile or offensive working environment. Under section 3A…

Under the Disability Discrimination Act 1995, a reasonable-adjustment claim requires identification of the provision, criterion or practice, the substantial…

Victimisation requires the protected act to have been a whole or substantial part of the reason for the detriment. A tribunal may distinguish the making of a…

Employment tribunal jurisdiction is not confined by a narrow reading of carry on business where that would leave statutory employment rights without an…

For national minimum wage purposes, a distinction exists between work performed merely by being present at the employer’s premises and time spent on call while…

Where a worker proves a protected disclosure and a subsequent detriment, the employer bears the burden under Employment Rights Act 1996, section 48(2), of…

Security and surveillance workers within regulation 21(b) of the Working Time Regulations 1998 are not entitled to an ordinary uninterrupted rest break under…

The statutory cap on a week's pay in section 227 of the Employment Rights Act 1996 does not limit compensation awarded under regulation 15(8) of the Transfer…

An employment tribunal has power to exclude evidence which is theoretically relevant but insufficiently relevant to justify its admission. Relevance is a…

An appeal against refusal to register a fresh notice of appeal out of time requires the appellate tribunal to exercise its discretion under rule 3(8) and (9).…

Fairness does not require every witness statement to be read aloud in every employment tribunal hearing. The tribunal may take statements as read where that…

A claim for post-termination victimisation under the Race Relations Act 1976 is justiciable under sections 2 and 4(2), rather than under section 27A. Where the…

In an unfair-dismissal claim involving competing reasons, the employer bears the burden of showing the reason or principal reason for dismissal. The tribunal…

Fair redundancy consultation requires an employee to receive adequate information and a proper opportunity to understand and challenge the reasons for…

Under regulation 10 of the Maternity and Parental Leave Regulations 1999, the existence of a suitable available vacancy is determined by reading regulations…

Abandoning an Employment Tribunal hearing does not, without more, amount to withdrawing the claims. Withdrawal under ET rule 25 must be established by…

Equal pay claims require comparison of the relevant contractual terms, rather than an aggregate comparison of total remuneration. A discrete term providing…

An employment tribunal may recall an oral decision before it has been formally recorded and signed. The power exists independently of the statutory review…

Employees working wholly abroad may fall within British employment legislation where their employment has a sufficiently special connection with Great Britain.…

Where psychiatric injury has several causes, an employer liable for unlawful discrimination need compensate only for the proportion of the injury attributable…

In an age-discrimination challenge to a contractual redundancy scheme, a cap limiting payment to the earnings an employee could have received before normal…

An employee of an unincorporated association may bring Employment Tribunal proceedings in the association’s name. It is not necessary in every case to join all…

“Ordinarily resident” has its natural and ordinary meaning. It refers to an abode voluntarily adopted for a settled purpose as part of the regular order of a…

The impairment and adverse-effect questions under the Disability Discrimination Act 1995 remain distinct, but tribunals should approach them flexibly rather…

Where a maintained school governing body has delegated budgetary powers, the statutory deeming provisions treat the governing body as the employer for unfair…

Section 47B of the Employment Rights Act 1996 protects a current worker from detriment because of a protected disclosure made while working for a different…

Victimisation claims under the Sex Discrimination Act 1975 are ordinarily determined by asking whether the claimant suffered less favourable treatment or a…

Unambiguous words of dismissal, understood by the employee as such, ordinarily terminate the employment contract. The same principle applies to unambiguous…

For a genuine material factor defence under section 1(3) of the Equal Pay Act 1970, the employer must identify a genuine and causally relevant explanation for…

The interests-of-justice ground for reviewing an Employment Tribunal decision is a broad discretion and should not be confined by rigid…

Territorial jurisdiction under section 94(1) of the Employment Rights Act 1996 is a question of law, although its application is fact-sensitive. The tribunal…

Minimum paid annual leave is subject to properly operated statutory or contractual notice requirements. Those requirements may regulate when leave is taken and…

For the purpose of determining whether the effects of an impairment are long term, the duration of effects from a condition which develops from another…