Earlier reported cases judgments, 2012

Residual diplomatic immunity after a diplomat’s posting has ended is confined to acts performed in the exercise of mission functions. Those functions must be…

Indirect discrimination requires justification by reference to the discriminatory impact of the provision, criterion or practice on the relevant group as a…

When a previous disciplinary warning is material to the fairness of a later dismissal, an Employment Tribunal should ordinarily treat it as valid. However…

When determining whether an impairment has a substantial adverse effect on normal day-to-day activities, a tribunal must focus on what the claimant cannot do…

In trade union discrimination claims, the relevant question is what operated on the decision-maker’s mind. A mere but for connection with trade union…

A contract accepted to start work at a future date is a contract of employment from the time it is made. A week in which the parties’ relations are governed by…

Polkey concerns compensation for unfair dismissal, not the prior statutory decision whether reinstatement or re-engagement should be ordered. A Tribunal must…

An employment tribunal must actively consider making a costs order where a party has acted unreasonably, but the discretion remains judicial and…

For redundancy payments arising from short-time working, the calculation date used to determine entitlement to a redundancy payment is governed by Employment…

An employment tribunal is not required to dismiss a claim merely because the claimant does not attend and cannot be cross-examined. The Employment Tribunal…

In deciding whether dismissal for misconduct falls within the range of reasonable responses, an employment tribunal must focus on the employer’s act under…

For statutory guarantee payments, the question is whether, on the relevant day, the employee would normally have been required to work under the contract then…

For collective consultation purposes, an establishment is the unit to which employees are actually assigned to perform their duties. The inquiry is primarily…

In discrimination proceedings, a claim should rarely be struck out where a crucial core of facts remains disputed and can be resolved only by hearing and…

An employment tribunal should ordinarily hear both liability and costs issues. Adverse findings on credibility, unreasonable conduct, or case management do not…

When an Employment Tribunal has decided that a costs order is appropriate under rule 40(3), it should assess the amount by looking at the whole picture and…

Stigma damages for difficulty in obtaining or retaining employment require evidence that stigma had a real effect on the claimant’s employment prospects.…

Loss of a contractual death-in-service benefit is a real and substantial loss to the employee, even though payment would be made to beneficiaries only after…

Discrimination provisions governing qualifying bodies concern the terms on which a qualification is conferred, refusal of an application, or withdrawal or…

An Employment Tribunal must tell the parties when it is considering deciding a case on the basis that a contract of employment was illegal as performed…

For a service provision change under Transfer of Undertakings (Protection of Employment) Regulations 2006, the relevant activities are primarily identified by…

An employee may sue an employer in the courts of the employer’s Member State under Article 19 of the Brussels I Regulation. A prior jurisdiction clause cannot…

An Employment Tribunal making a wasted-costs order under rule 48 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 must…

For the purposes of section 97(1) of the Employment Rights Act 1996, the effective date of termination is a statutory construct determined objectively by what…

Whether a dismissal is by reason of redundancy depends on the statutory wording, not on an assumed requirement for a reduced headcount. Under section 139 of…

An employment tribunal’s jurisdiction to hear discrimination complaints does not extend to contribution claims between respondents. Such claims are…

The construction of a collective agreement is a question of law once its terms have been identified. It is construed like any other contractual document, in…

Where an employer relies on the derogation for activities involving continuity of service, the proper construction of the derogation may require consideration…

Direct discrimination because of marriage requires treatment to be caused, at least in part, by the fact of marriage itself. Treatment motivated only by the…

Under the statutory grievance procedure, an equal pay grievance need not identify a comparator. Naming particular comparators does not ordinarily restrict the…

In a redundancy dismissal, the employer has primary responsibility for defining the selection pool, but the Employment Tribunal may scrutinise that decision…

For a service provision change under Transfer of Undertakings (Protection of Employment) Regulations 2006, it is insufficient that employees happen in practice…

For the automatic unfair dismissal protection in section 101A of the Employment Rights Act 1996, an employee’s refusal, or proposed refusal, must involve…

A contract which legislation makes unlawful from the outset cannot be enforced through employment claims dependent upon that contract. The doctrine of…

A party has an important right to make submissions on the evidence and law before judgment, particularly where the tribunal has directed written submissions.…