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How to plead your Employment Tribunal claim as a litigant in person

11 August 2025

This blog may end up sounding like a public service announcement on behalf of employment judges but the meaning is well-intended.  The Employment Tribunal system was created as a way to resolve employment disputes and to be used by people representing themselves. Over the years it has become a hunting ground for lawyers and more […]

Can my employer bring a counterclaim against me when I file my Employment Tribunal claim?

28 July 2025

Employers have no free-standing right to bring claims against employees or former employees in the employment tribunals. They would normally need to use the civil courts. However, an employer may bring a contract claim when a contractual claim is brought against them in a tribunal. In the tribunals employers are restricted to the right to […]

Employment tribunal had jurisdiction over individuals living and working in Sweden

18 July 2025

This case concerned whether the employment tribunals (ET) in England & Wales had jurisdiction over three individuals who were members of a limited liability partnership (LLP) and who lived and worked in Sweden.  The Employment Appeal Tribunal (EAT) held that the tribunal did have jurisdiction. The case is Prahl, Hofvenstam & Ageback v Lipinski. Mr […]

Can I get an anonymity order for my employment tribunal case if publication of my name is going to cause mental health issues?

2 July 2025

Yes, according to JK v Ealing Council.  JK worked as a social worker for Ealing Council. After the termination of her employment she brought various claims and applied for an anonymity order to protect her identity. Initially her application was refused, partly on the basis that the medical evidence she provided in support gave little […]

Are Autism Spectrum Disorder (AS) and Attention Deficit Hyperactivity Disorder (ADHD) disabilities for the purposes of the Equality Act, 2010?

25 June 2025

They might be, but it is not automatic. The burden of proof is on the claimant to prove disability.  In Stedman v Haven Leisure an employment tribunal decided that Mr Stedman was not disabled for the purposes of the Equality Act 2010 despite his diagnoses of Autism Spectrum Disorder (AS) and Attention Deficit Hyperactivity Disorder […]

How do I write an impact statement to prove disability in the Employment Tribunals?

23 June 2025

What is a disability impact statement? An impact statement is a witness statement in writing addressing the impact of your alleged disability on your work and wider life. You must state only what you know to be true as you are giving evidence to the Employment Tribunal in support of your claim. When will an […]

When is an error with the Employment Tribunal procedure a “minor error”?

2 June 2025

If you’re using a lawyer an Employment Tribunal is rarely going to accept any error of procedure. This is because there is an understandable perception that your lawyer should know what they are doing and if they make a mistake there is always professional indemnity insurance to step into the breach. When a claimant is […]

How can I prove to an Employment Tribunal that I have a mental health disability?

21 May 2025

When you bring a claim in the Employment Tribunals for disability discrimination the most important thing that you must do is to clearly set out why you say you qualify for Equality Act 2010 protection and how you satisfy the section 6 definition of disability. Being diagnosed with a medical condition does not mean that […]

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, […]