Earlier reported cases judgments, 2017

Direct discrimination under section 13 of the Equality Act 2010 includes treatment based on a mistaken perception that a person has a disability. The relevant…

Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 is engaged where acceptance of direct offers would cause one or more terms of…

Equal pay arrears may constitute arrears of pay and a qualifying debt under Part XII of the Employment Rights Act 1996, even where the equal pay claim has not…

An employer is not generally obliged to volunteer the reason for dismissing an employee. However, where it chooses to give a reason, the implied term of trust…

Worker status depends on the true nature of the relationship, assessed from the statutory language and the factual reality, rather than contractual labels. In…

Where ordinary rest-break rights are excluded for railway workers, compensatory rest must, so far as possible, provide a genuine break from work lasting at…

For Trade Union and Labour Relations (Consolidation) Act 1992, section 137(1)(a), trade union membership is not confined to holding a membership card. It…

Section 18A(8) of the Employment Tribunals Act 1996 focuses on whether the claimant has an early conciliation certificate under subsection (4). The Employment…

Article 157 TFEU is directly effective in an equal-value claim involving actual claimants and comparators. The need for factual evaluation, including expert…

Territorial jurisdiction under the Equality Act 2010 is distinct from jurisdiction under the European jurisdiction Regulation. Where employment has been…

Section 136 of the Equality Act 2010 does not impose an initial burden on a claimant to prove facts from which discrimination could be inferred. The tribunal…

Employment tribunals have power to appoint a litigation friend for a party who lacks capacity to conduct proceedings. Although neither the Employment Tribunals…

An appellate tribunal considering an alleged denial of a fair hearing must determine for itself whether the procedure was fair. The assessment is made overall…

A serious procedural irregularity constitutes an error of law only where the tribunal’s conduct has caused significant unfairness such that it would be unjust…

Whether an error in an early conciliation certificate is a minor error is a question of fact and degree. It is not confined to spelling mistakes or…

An Employment Tribunal may make a period-based costs order under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 where the…

For a claim under Part II of the Employment Rights Act 1996, an employment tribunal may determine disputes about the construction of the employment contract…

Whether a sleep-in worker performs time work throughout the shift requires a multifactorial evaluation. No single factor is determinative, including a…

Selection for employment in the Civil Service is an appointment for the purposes of section 10(2) of the Constitutional Reform and Governance Act 2010. The…

Under the Employment Tribunal reconsideration rules, reconsideration on a party’s application and reconsideration on the Tribunal’s own initiative are…

Withdrawal of an employment tribunal claim brings the proceedings to an end and the withdrawal cannot be revived. Under rule 52 of the Employment Tribunals…

Employee liability information under regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 is defined by reference to the…

An Employment Tribunal has no jurisdiction to determine an Employment Rights Act 1996 section 13 claim where deciding the wages properly payable requires…

An Employment Tribunal cannot restart the 28-day period for presenting an ET3 by re-sending a claim form which has already been sent. A late response must be…

In discrimination claims, tribunals must determine the relevant primary facts and draw inferences from the totality of the surrounding circumstances. They…

For a service provision change under regulation 3(3)(a)(i) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the question is…

A claim for harassment related to disability requires an actual disability, or another recognised connection with the protected characteristic. A claimant’s…

Whether a person is employed under a contract personally to do work requires an evaluative assessment of all relevant circumstances. Mutuality of obligation…

An Employment Tribunal may award the gross amount of unpaid wages where tax and National Insurance deductions arise, leaving the employer to establish the…

Under the Trade Union and Labour Relations (Consolidation) Act 1992, accounting records are those objectively necessary to give a true and fair view of a trade…

Territorial reach of British employment legislation is determined by the strength of the connection between the employment relationship, Great Britain and…