Earlier reported cases judgments, 2014

For strike-out purposes, a discrimination claim should generally proceed where the pleaded facts could, if proved, fall within a protected characteristic. The…

A successful contractual appeal against dismissal automatically revives the contract of employment retrospectively, unless the contract provides otherwise. No…

The territorial reach of the Employment Rights Act 1996 depends on whether the employment has a sufficiently strong connection with Great Britain and British…

For a detriment claim under section 48(3) of the Employment Rights Act 1996, time begins when the employer does the complained-of act or decides upon a…

Where an act of a qualifications body is amenable to judicial review, proceedings for judicial review may constitute proceedings in the nature of an appeal for…

Under Rules 70 to 73 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, reconsideration is permitted only where…

In national-security employment litigation, there is no universal minimum requirement that the claimant receive a gist of the case against him. The tribunal…

A limb (b) worker is identified by applying the statutory language to the whole relationship. No single factor, including subordination, integration, or the…

Paid annual leave must reflect normal remuneration, not merely basic salary. Payments regularly received and directly linked to work required under the…

In the Employment Tribunal, a breach of an order may justify strike-out, but it does not make strike-out automatically proportionate. The Tribunal must apply…

Under the repealed retirement-dismissal scheme, the continuing notification duty in paragraph 4 of Schedule 6 to the Employment Equality (Age) Regulations 2006…

Employment Tribunals adjudicate disputes on the evidence advanced by the parties. Their power to ask questions and assist litigants in person does not permit…

In assessing compensation for unfair dismissal, the burden of proving a failure to mitigate loss rests on the employer. There is no automatic period after…

Under regulation 10 of the Maternity and Parental Leave Regulations 1999, redundancy is assessed by reference to the statutory concept of redundancy, not by…

For a reasonable-adjustments claim concerning dismissal for absence, the tribunal must identify the provision, criterion or practice, the relevant non-disabled…

Where a party fails to attend an Employment Tribunal hearing and the Tribunal proceeds to dispose of the proceedings, the Tribunal must consider information in…

Section 56(5) of the Equality Act 2010 removes training or guidance from the employment-services regime where a university has the ability to place its…

A contract of apprenticeship has training as its essential purpose, with work for the employer being secondary. Education and training must be provided, and…

An Employment Tribunal may have regard to the paying party’s ability to pay when deciding whether to make a costs order and when assessing its amount, but it…

An employee’s own unaccepted repudiatory breach does not prevent him from accepting a later repudiatory breach by the employer and claiming constructive…

The date of a TUPE transfer is the date on which responsibility for carrying on the undertaking moves to the transferee by operation of TUPE. It is not fixed…

For age-discrimination purposes, a comparator may be in materially different circumstances where the claimant could not lawfully receive a benefit which the…

Crossing the threshold for an Employment Tribunal costs jurisdiction does not require an award. The decision remains discretionary. Under rule 41(2) of the…

On-call time is working time where the worker is required to remain at a place determined by the employer and available to respond. The question is not whether…

Where an employer offers an employee an additional benefit for the foreseeable future, with no apparent disadvantage, continued work will ordinarily amount to…

For collective redundancy consultation, a dismissal on expiry of a fixed-term contract is not automatically for a reason related to the individual. The…

Under the Employment Rights Act 1996, a tribunal must consider reinstatement before re-engagement. Re-engagement is more flexible, but it remains a separate…

An exemption from the national minimum wage for work experience forming part of a higher education course was properly construed as referring to a course…

For the extended whistle-blowing definitions in Part IVA of the Employment Rights Act 1996, worker and employer status is not confined to the immediate…

On allowing an appeal, the Employment Appeal Tribunal has a broad discretion under rule 34A(2A) of the Employment Appeal Tribunal Rules 1993 to order the…

A tribunal must recuse itself where a fair-minded and informed observer would conclude that there is a real possibility of bias. Judicial compartmentalisation…

A receiving party in Employment Tribunal proceedings may recover costs incurred by a qualified in-house legal representative. The definition of costs as fees…

The effective date of termination is determined objectively under section 97(1) of the Employment Rights Act 1996. The question is whether the employment ended…

Employment Tribunal costs are exceptional. A finding that a claim was misconceived or that conduct was unreasonable engages the costs jurisdiction, but does…

For interim relief in an automatic unfair dismissal claim based on trade union activities, the tribunal must make a summary assessment of whether the claim has…

In a direct discrimination claim, the tribunal must identify the ground or reason for the treatment. Where the treatment is not inherently discriminatory, that…

Section 95(1)(c) of the Employment Rights Act 1996 permits an employee alleging constructive dismissal to resign with notice without automatically affirming…

Under the unamended Transfer of Undertakings (Protection of Employment) Regulations 2006, an economic, technical or organisational reason entails changes in…

Age discrimination justification is fact-sensitive. Where a fixed retirement age is an appropriate means of pursuing legitimate aims, the employer need not…

An employer complies with paragraph 2(1) of Schedule 6 to the Employment Equality (Age) Regulations 2006 only if the employee is told that he has a right to…

Sleep-in time may constitute time work for national minimum wage purposes on either of two bases. The worker may actually be required to perform duties…

For constructive dismissal, the employee must resign in response to the employer’s repudiatory breach. The breach need only be an effective cause and need not…

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, Regulation 13(4) requires a transferee to provide information to the…

An indirectly discriminatory provision, criterion or practice may be justified where it is an appropriate and reasonably necessary means of achieving…

An Employment Appeal Tribunal must determine for itself, as primary fact-finder, whether alleged conduct by an Employment Tribunal member caused a material…

An Employment Tribunal may reject a maternity-discrimination claim where the employer’s conduct does not amount to unfavourable treatment or detriment because…

Section 12(1) of the State Immunity Act 1978 provides an effective method of serving proceedings against a foreign state in England and Wales. Parliament did…

In whistleblowing claims, an Employment Tribunal must analyse each alleged disclosure separately. It should identify the information disclosed, the legal…

For a pension claim based on the Part-time Workers Directive, pension rights accrue during service only to the extent that the relevant right existed when the…

Pregnancy discrimination and indirect sex discrimination are distinct claims, and the same events may support both. For direct pregnancy discrimination, the…

For contributory-fault deductions, conduct must be culpable or blameworthy; mere unreasonable conduct or conduct attracting criticism is insufficient. Under…

Occupational pension benefits are deferred pay earned through service. Where discrimination was lawful when the relevant service occurred, later legislation…

Where a claimant withdraws proceedings at a hearing, a respondent may make an oral application for dismissal under rule 25(4) of the Employment Tribunals Rules…

A qualifying disclosure under Employment Rights Act 1996, section 43B(1)(d), must communicate information tending to show that an individual’s health or safety…

An Employment Tribunal may prevent reliance on an inadvertently disclosed document protected by legal advice privilege where the High Court would restrain its…

For indirect discrimination, the comparison pool must suitably test the particular disadvantage alleged and must compare like with like. Where a pay system has…

Unfavourable treatment for pregnancy-related illness occurring after the protected period is not pregnancy and maternity discrimination under Equality Act…