Earlier reported cases judgments, 2011

A complaint under Employment Rights Act 1996, section 45A, requires the detriment to have been imposed because the worker exercised a protected working-time…

For a service provision change under regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the activities must be…

The family-household exemption from the national minimum wage is construed narrowly, but applied holistically. Particular regard is required to accommodation…

Protection against discrimination on grounds of marriage is not confined to treatment because a person is married in the abstract. It includes…

A respondent cannot secure the joinder of a person merely because that person may also be liable for the claimant’s alleged acts. Where the claimant advances…

Compensation for unlawful detriment for making a protected disclosure is assessed on the same basis as compensation for discrimination. It may include injury…

An employer may raise non-compliance with section 32 of the Employment Act 2002 at any time before the tribunal begins considering the merits, subject to…

A default judgment determining liability fixes the pleaded liability issues decided by it. A respondent cannot reopen those issues at a later remedy hearing.…

For direct discrimination, the relevant question is why the employer acted. A decision caused by the cost or practical difficulty of adjustments required…

A wasted costs order may be made where a representative’s improper, unreasonable or negligent conduct causes another party to incur unnecessary costs, and it…

National minimum wage claims must be determined by the National Minimum Wage Regulations 1999, not by the definition of working time in the Working Time…

An employer considering an employee’s request to defer retirement must genuinely consider it. The duty is satisfied by a relatively limited procedure, and the…

For the standard grievance procedure, an equal pay grievance need not identify every comparator. Naming one comparator does not limit the grievance so that…

The statutory exception to state immunity for proceedings concerning personal injury is separate from the employment-contract exception. Section 16 of the…

A dismissal may be with notice for the purposes of section 111(3) of the Employment Rights Act 1996 even where it is conditional on the employee’s decision…

A worker absent through sickness for the whole of a leave year does not lose accrued paid annual leave merely because no request to take or carry it forward…

Employment Rights Act 1996, section 100(1)(e), requires a two-stage inquiry. First, the tribunal must decide whether the employee reasonably believed that…

Under the insolvency provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the State guarantee covers qualifying employment…

Where concurrent discriminators cause the same indivisible loss, each is liable to the claimant for the whole loss. The claimant’s recovery is not reduced by…

A wasted costs order may be made against a representative where negligent preparation or presentation causes costs to be incurred unnecessarily. Inadequate…

For the purpose of calculating the arrears date under sections 2(5) and 2ZB(3) of the Equal Pay Act 1970, an amended equal pay claim is treated according to…

A serviceman cannot present a racial-discrimination claim to an Employment Tribunal unless he has made a valid service complaint under the applicable…

For written notice of dismissal, time ordinarily runs from the start of the day after notice is given, so that the employee receives the full contractual…

Special treatment for a pregnant employee or an employee on maternity leave is lawful only so far as it is a proportionate means of compensating for…

For a collective grievance, the employees on whose behalf it is raised must be identified in writing when the grievance is intimated, so that the employer can…

Issue estoppel prevents re-litigation of contractual issues actually decided in earlier proceedings, but does not prevent relevant facts being considered as…

An application to revoke a default judgment may contain an implied, rather than express, request for an extension of time to present a response. The tribunal…

Employment Tribunal written reasons must comply in both form and substance with rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure)…

Administration proceedings under Schedule B1 to the Insolvency Act 1986 cannot constitute insolvency proceedings instituted with a view to liquidation for the…

An Employment Judge cannot use general case-management powers at a case management discussion to remove part of a claim or prevent a remedy. An order which…

Where a disabled person establishes that a provision, criterion or practice caused substantial disadvantage, a claim of failure to make reasonable adjustments…

Under the standard statutory grievance procedure, an employment tribunal must assess whether the grievance and the later claim are essentially the same…

An Employment Tribunal considering costs for unreasonable conduct must assess the nature, gravity and effect of that conduct. A precise causal link between the…