New Case on Burden of Proof in Discrimination Cases

Generally speaking, the burden of proof in civil proceedings is on the person who brings a claim in a dispute. So, for example, it is necessary for an employee bringing a claim in respect of an underpayment of wages to… Read on

Prison sentences and the Employment Tribunal

The recent High Court case of OCS Group Ltd v Dadi has provided an example of the serious consequences that can be faced where a party to legal proceedings acts in breach of orders of the court. In this particular… Read on

Abolition of Employment Tribunal fees – What next?

In January 2017, the government published its review of employment tribunal fees which decided that there was no conclusive evidence that fees had prevented people from bringing claims. Hot on its heels, on 26 July 2017, the Supreme Court delivered… Read on

Tribunal fees are unlawful

The Supreme Court has rocked the Employment Tribunal system by ruling that Employment Tribunal issue and hearing fees prevent access to justice and are unlawful. It noted that there has been a sharp, substantial fall in the volume of case… Read on

Stigma Damages in the Employment Tribunal

Most people are now familiar with the fact that compensation for whistleblowing and discrimination claims in the employment tribunal is uncapped. It is also becoming more widely known that this compensation can include elements for loss of earnings, injury to… Read on

Appeal lodged an hour late disallowed

A claimant wishing to lodge an appeal against a Tribunal decision has been time-barred although the application was only made an hour late. Background The claimant in this case (J v. K) argued that he was disabled due to depression… Read on

Early conciliation: only 1 allowed

We report on a case where the Claimant started the early conciliation process twice. Although the second early conciliation would have put their claim within the valid timeframe, it did not count. The claim was therefore out of time. Background… Read on