What are the chances of success at an employment tribunal?
Before getting to the tribunal hearing, you should try to evaluate the strength of your case. Your chances of success at an employment tribunal will rarely be clear, as several factors usually need consideration. If there is no merit to… Read on
Who pays for an employment tribunal?
In an employment tribunal, the normal rule is that each party pays their own costs, regardless of whether they win or lose their case. However, in some circumstances, one party may have to contribute to the other’s employment tribunal costs.… Read on
What is whistleblowing?
‘Whistleblowing’ or ‘blowing the whistle’ is commonly understood as informing on someone who is doing something they shouldn’t. Under UK law, workers have special protections against detrimental treatment and dismissal when they make a qualifying disclosure of information. Whistle-blowing is… Read on
Ill health dismissal: does the ACAS Code apply?
The ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where someone is dismissed from work purely due to ill health. This means employers can dismiss someone for sickness without following the process recommended in the ACAS… Read on
Claimant who discussed case while under oath has claims dismissed
Employees who bring a claim in the employment tribunal must observe strict rules or risk having their cases thrown out, as a recent decision from the Employment Appeal Tribunal (EAT) illustrates. It is particularly important to understand what you can… Read on
Claim against overseas employees can go to employment tribunal
The Employment Appeal Tribunal (EAT) has ruled that an employment tribunal can hear a case brought by a whistleblower against colleagues working overseas. Background The so-called “Lawson v Serco” test is applied by employment tribunals in deciding whether an employee… Read on
Marriage and civil partnership discrimination: a little known right?
As Prince Harry announces he is tying the knot with Meghan Markle, we look at the legal protection available for those who are married or in a civil partnership. While most people know that sex and race discrimination is unlawful,… Read on
Were you involved in a tribunal claim between 29 July 2013 and 26 July 2017?
If so, you are eligible to claim a refund of any fees you paid in respect of an employment tribunal or employment appeal tribunal claim after the Government abolished fees for bringing claims and launched its refund scheme earlier this… Read on
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
Employment Tribunal fees ban – does this affect you? What should you do?
Many will be aware from the press and social media that on Wednesday 26 July 2017, the Supreme Court in R v Lord Chancellor 2017, held that the requirement for claimants to pay fees to bring claims in the Employment… 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