Earlier reported cases judgments, 2016

Where an Employment Tribunal decides to have regard to a paying party’s ability to pay, it must assess the party’s means and reflect them in the amount…

When compensation is sought from a hirer for an infringement of regulation 5 of the Agency Workers Regulations 2010, the tribunal must identify the…

A qualification is relevant under sections 53 and 54 of the Equality Act 2010 where it objectively confers recognition or approval that is needed for, or…

A statement may disclose information even where it also alleges wrongdoing. The question depends on the words, their context and the circumstances, and is…

Under regulation 12(1) of the Working Time Regulations 1998, an employer must actively respect a worker’s entitlement to an uninterrupted rest break. It is…

Under section 116 of the Employment Rights Act 1996, the central question for re-engagement is practicability. This means more than mere possibility: the order…

A deposit order under rule 39 is discretionary. It may be made where a specific allegation has little reasonable prospect of success, but the amount must be…

An office-holder may also work under a contract, but office and employment are not mutually exclusive categories. The question is determined by construing the…

Third-party disclosure in Employment Tribunal proceedings requires a three-stage assessment: whether the documents may well assist a party, whether disclosure…

When deciding an application for relief from the sanction imposed by an Unless Order under Rule 38(2) of the Employment Tribunals (Constitution and Rules of…

For discrimination arising from disability, the justification defence ordinarily requires the tribunal to assess the specific unfavourable treatment relied…

An Employment Tribunal’s unchallenged determination that a claim may proceed out of time is binding at the later merits hearing. A subsequent Tribunal cannot…

When unfair dismissal and wrongful dismissal claims run concurrently, an Employment Tribunal has a choice in avoiding double recovery. It may assess unfair…

The Employment Appeal Tribunal has jurisdiction to hear an appeal on any question of law arising from an Employment Tribunal decision or proceedings, whether…

Under section 18A(1) of the Employment Tribunals Act 1996, an early conciliation certificate is not confined to events or causes of action existing when ACAS…

A wasted costs order requires more than improper, unreasonable or negligent conduct. The conduct must have caused identifiable unnecessary costs, and the order…

For the extended whistleblowing definition of worker, an agency worker’s status against the agency does not prevent reliance on Employment Rights Act 1996…

Where an employee’s contract or governing statute specifies the conduct constituting good cause for dismissal, the employer and the Employment Tribunal must…

Under section 111(2)(b) of the Employment Rights Act 1996, reasonable practicability is principally a question of fact, determined by close attention to the…

Where unlawful conduct is a material cause of psychiatric injury, the wrongdoer must take the claimant as found. Mere vulnerability or susceptibility does not…

A claim may be struck out only where it has no reasonable prospect of success. A claim with little reasonable prospect of success engages the lower threshold…

Where a redundancy dismissal is procedurally unfair, a Polkey reduction requires an evidence-based assessment of the chance that the employee would have been…

Common-law without prejudice privilege and the statutory protection in section 111A of the Employment Rights Act 1996 are distinct regimes. Without prejudice…

Employment Tribunal reasons must identify the issues, findings of fact, relevant law and its application. The requirements in rule 62(5) of the Employment…

For harassment under section 26 of the Equality Act 2010, whether conduct is related to disability requires an evaluation of the evidence as a whole. The…

For the purpose of Employment Rights Act 1996 section 103A, the reason for dismissal is not confined to the conscious reasoning of the person who signed the…

Compensation for injury to feelings is not generally available for breach of the Working Time Regulations 1998. Regulation 30(4)(a) concerns the employer’s…

Under section 98(4) of the Employment Rights Act 1996, the tribunal must review the employer’s investigation, disciplinary process, factual conclusions and…

An Employment Tribunal retains jurisdiction under Rule 50(4) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 to consider an…

For the territorial reach of the right not to be unfairly dismissed under section 94(1) of the Employment Rights Act 1996, a peripatetic employee’s base is…

In discrimination claims, strike-out is appropriate only in the clearest cases. Where core facts depend, even partly, on oral evidence, they should not…

The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to disciplinary situations involving culpable conduct or performance. It does not…

Under section 49 of the Employment Rights Act 1996, post-termination financial loss may be recoverable for earlier unlawful whistleblowing detriments, even…

Disciplinary action concerning religious conduct is not discriminatory merely because the conduct formed part of the context. The critical question is why the…

In a direct discrimination claim, an employer’s genuine belief that treatment was unrelated to sex does not by itself exclude discrimination. Where…

The identity of the employer is primarily a question of fact for the Employment Tribunal. On appeal, its conclusion may be disturbed only for a material error…

Protection against detriment for making a protected disclosure is confined to the relationships identified in Part IVA of the Employment Rights Act 1996.…

For calculating a period expressed as one calendar month after a specified event, the corresponding date principle applies unless a recognised exceptional case…

The early conciliation requirement applies before relevant proceedings are instituted, to a prospective claimant and prospective respondent. It is not a…

Under Regulation 14 of the Information and Consultation of Employees Regulations 2004, an employer has flexibility to devise arrangements for electing or…

Case-management orders carry a strong principle of finality, certainty and institutional integrity. A later judge of equivalent jurisdiction should ordinarily…