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Giving evidence in the Employment Tribunals from overseas – new guidance

17 February 2025

The Presidents of the Employment Tribunals in England and Wales and in Scotland have issued new presidential guidance on taking oral evidence by video or telephone from witnesses located abroad. This follows an acknowledgement from the Foreign, Commonwealth and Development Office (FCDO) that the employment tribunals are civil and commercial tribunals, rather than administrative tribunals, […]

Assessing Disability in Employment Tribunal Claims

21 August 2024

When an Employment Tribunal Judge assesses a disability discrimination claim, the first question they will often need to consider is whether the worker is disabled for the purposes of the Equality Act 2010 (the Equality Act). Under the Equality Act, a disability is any impairment which has a substantial adverse effect on a worker’s ability […]

Interim Relief – when compensation is awarded before the final hearing

31 July 2024

In July 2024 it was reported that the Employment Tribunal granted interim relief in a case concerning a migrant nurse who claimed that he was unfairly dismissed. Mr Rathod worked for Clinica Private Healthcare and had paid an immigration agent £22,000 in India to obtain a visa and employment in the UK. After joining Clinica […]

Preparing an effective List of Issues for Employment Tribunal litigation

17 June 2024

Represented parties to an employment tribunal claim are required to work together to prepare a list of the legal and factual issues in the case, known as a List of Issues. In complex claims, including those relating to discrimination or whistleblowing, this consideration will usually arise before the first case management hearing.  In a more […]

Directors to be personally liable for unpaid tribunal awards under Labour proposals 

12 June 2024

Poll data as of 7 May 2024 has indicated a decisive Labour victory in the coming general election. Polls can never be fully relied upon as accurate estimates of election results, there is always a chance that the general election outcome differs completely from what polls are portraying. However, given the dissatisfaction in the UK […]

Guidance on preparing a List of Issues in the Employment Tribunal

15 May 2024

An early and sometimes key battleground in an employment tribunal claim is in the preparation of a “List of Issues”. For those not familiar with the term, this is a list of all the issues in a claim which the tribunal is asked to decide. There are usually issues of fact (i.e. whether the situation did happen […]

All will be revealed – disclosure in the Employment Tribunal

22 June 2023

I’ve written recently about the importance of witness statements in the Employment Tribunal and disclosure is no less important. The documents relevant to the case are disclosed (shown to one another) by both parties and form the basis of the final agreed bundle which is placed in front of the Employment Judge and panel (if […]

‘Whiter Than White’ is not Racist, Says the Employment Tribunal

9 June 2023

An Employment Tribunal (ET) has ruled that the use of the expression ‘whiter than white’ did not amount to discrimination because of race in the case of Goodison v High Speed Two Limited (HS2).  Ms Goodison was employed as a compliance manager by HS2. She had worked for the organisation for over four years when […]

Largest Awards at the Employment Tribunal

20 April 2023

For some, bringing a claim at the employment tribunal isn’t about money; rather, justice and principle. For such people, a favourable judgment will feel more joyous than an award for any amount of compensation.  However, where employees experience mistreatment at the hands of their employer, the results can often be financially devastating and getting suitable […]