Earlier reported cases judgments, 2015

When considering suitable alternative employment or re-engagement for a disabled employee dismissed for incapability, a tribunal should generally consider…

When determining a client’s intention under Regulation 3(3)(a)(ii) of the TUPE Regulations, an Employment Tribunal must consider all relevant circumstances.…

Where an employment contract gives the employer an indefinite power to lay off or impose short-time working, the mere passage of time does not ordinarily…

A statutory successor’s liability for discrimination depends on the terms and context of the statute effecting the reorganisation. A transfer of “liabilities”…

An Employment Tribunal should facilitate an interpreter where reasonably possible, but a party has no absolute right to an interpreter at public expense. The…

An application to extend time in a discrimination claim on the basis that it is just and equitable requires a multi-factorial assessment. The claimant’s…

Section 18A of the Employment Tribunals Act 1996 requires early conciliation in relation to a broad “matter”, not necessarily each individual cause of action.…

A temporary cessation of work, including a temporary lay-off, does not automatically dissolve an organised grouping of employees for the purposes of a service…

Correction of a typographical or other non-substantive error in an Employment Tribunal judgment does not ordinarily restart the time for appealing. Time runs…

Former employees may bring discrimination claims under section 108 of the Equality Act 2010 only if both statutory conditions are met. The alleged…

TUPE may apply where an economic entity transfers to several transferees, provided the entity retains its identity. However, there is no relevant transfer…

Whether an employee is assigned to an organised grouping for the purposes of a service provision change is a question of fact, determined from all the…

Agency workers have a right to be informed of relevant vacancies in the end-user’s permanent workforce. That right gives them the same opportunity as other…

Section 15 of the Equality Act 2010 requires two distinct causal links. The tribunal must identify the particular something arising in consequence of the…

Under section 15 of the Equality Act 2010, “unfavourable” treatment is distinct from “detriment” and does not require comparison with an actual or hypothetical…

Where a substantive decision has been reached by a tribunal of three, a later costs application relating in material part to the conduct of that hearing must…

A worker on sick leave who is permitted to take paid annual leave during that period may choose whether to do so. The worker need not prove physical…

In an age-discrimination justification case, the tribunal must assess the measure actually adopted against the employer’s legitimate aim. It must not…

For the purposes of the Information and Consultation of Employees Regulations 2004, an “undertaking” is a legal entity capable of employing employees under…

The Employment Appeal Tribunal has jurisdiction under section 21 of the Employment Tribunals Act 1996 to hear an appeal on a question of law by a person who…

Presentation of an employment tribunal claim is a discrete act. A claim is presented when received by the tribunal, whether or not it is later rejected, struck…

Under the Equality Act 2010, direct discrimination may be suffered by a natural or legal person because of another individual’s protected characteristic. The…

Anonymity in employment tribunal proceedings is an exceptional derogation from the paramount principle of open justice and the right to freedom of expression.…

A claim should be struck out for having no reasonable prospect of success only in rare and obvious cases. The pleaded allegations must ordinarily be taken at…

A claim should be rejected under Rule 12 only in a plain and obvious case. Where the pleading is unclear, the claimant is unrepresented, or material factual…

For the purposes of a service provision change, assignment to an organised grouping of employees is determined by the employer, or by someone authorised by the…

An application for wasted costs under Rule 80 requires proof of both improper, unreasonable or negligent conduct by the representative and costs incurred as a…

A 10% increase in general damages introduced in Simmons v Castle for civil proceedings does not apply to compensation awards in the Employment Tribunal. The…

Harassment requires unwanted conduct related to a protected characteristic. The statutory words should be applied to the facts without adding a judicial gloss.…

The 42-day period for instituting an Employment Appeal Tribunal appeal runs from the physical sending of the employment tribunal’s written judgment and…

A requirement that employees accept new contractual terms or be dismissed may constitute a provision, criterion or practice for indirect discrimination…

For a service provision change under regulation 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the client may comprise…