Case Studies

Real employment tribunal decisions, explained in plain English for employees. Each case sets out what happened, what the tribunal found, and what it means for you.

234 case studies
Employee-favourable 2016

A complaint about your own working conditions should not be thrown out early as incapable of being in the public interest.

A complaint about your own working conditions should not be struck out early as incapable of being in the public interest; that question usually needs the full evidence.

Employee-favourable 2015

If your employer cuts off your work email while you’re off sick, you could miss more than messages, and that can be unlawful.

Losing IT access while off sick isn't the problem on its own. Being left in the dark about your pay and benefits while it happens can be.

Employee-favourable 2015

A complaint about your own treatment at work can still count as whistleblowing in the public interest.

A complaint about your own working terms is not automatically outside whistleblowing protection, especially when it affects a group.

Employee-favourable 2015

If HR steers your investigating manager towards a guilty finding, that can make your dismissal unfair.

HR can advise your employer on process and on keeping sanctions consistent during a disciplinary investigation. It shouldn't be shaping the findings on your guilt or credibility.

Employee-favourable 2015

Disability discrimination counts as a detriment even if the only harm is the upset it causes.

Less favourable treatment that causes distress or upset counts as a detriment in discrimination law, even without any financial or tangible loss.

Mixed 2014

If a group of you refuse to work over a safety concern, your employer still has to look at your reasons individually.

If you refuse to work because you believe there's a serious and imminent danger, what matters is what you personally knew and believed. Not what happened to a colleague doing the same thing.

Employee-favourable 2014

An employee had worked for her local authority employer for around 12 years when the council began a redundancy and reorganisation exercise shortly after she started her maternity leave.

Where a genuinely suitable alternative vacancy exists during your protected leave, it's yours by right, not something you have to out-compete a colleague for.

Employee-favourable 2014

Several messages read together can add up to a protected disclosure, even if no single one does.

A connected series of messages can together be a protected disclosure, so keep raising the concern and tie the messages together.

Employer-favourable 2014

Telling your employer you’re stressed doesn’t prove they knew you were disabled.

Your employer's duty to make reasonable adjustments only bites once they know, or reasonably should know, that you are disabled. Vague or shifting descriptions of your symptoms can mean a tribunal finds they never had enough to go on.

Employer-favourable 2013

A secret recording without a transcript and a clear reason won’t count as evidence.

A tribunal will not accept a secret recording just because you have it. Transcribe the part you rely on. Explain plainly why it matters. Skip either step, and it is likely to be refused.

Mixed 2013

What you say about your health can affect whether your sickness dismissal was fair.

When your employer is deciding whether to dismiss you for long-term sickness, what you say about your own condition carries as much weight as the medical report, and your employer has to weigh both against your length of service and the practical impact of your absence.

Employee-favourable 2013

If more than one party discriminated against you, you can claim the full amount from either of them.

If two respondents are both liable for the same discrimination, you can recover the full compensation award from either one of them. The tribunal doesn't split it between them.