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
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 2012

Your employer may have to let a family member support you at a disciplinary hearing.

A blanket companion policy can itself be discriminatory if it leaves a disabled employee without the support they need. Your employer has to look at what you actually need, not just apply the same rule to everyone regardless of disability.

Employee-favourable 2012

An actuary’s workload shrank as some of the pension schemes she worked on wound up or moved to other providers, through no fault of her own

Being the only person in your redundancy pool isn't automatically unfair, but your employer's reason for keeping the pool that narrow has to genuinely hold up, not just sound plausible.

Employer-favourable 2011

A disciplinary that feeds into a barring decision does not always give you the right to a lawyer at the internal hearing.

A serious possible outcome, like being barred from your profession, does not by itself give you a right to legal representation at an internal disciplinary; what counts is whether that hearing effectively decides the later barring question.

Employee-favourable 2011

How you actually work can override what your contract says on paper.

If the way you actually work doesn't match your contract, a tribunal can look past the paperwork and decide your rights based on what really happens.

Employee-favourable 2011

A future employer’s dishonesty can release you from a signed job contract.

A duty of trust and confidence can protect you even before you start a new job, from the moment you have signed an agreement to join.

Employee-favourable 2011

An adjustment doesn’t need a guaranteed chance of working to count as reasonable.

An adjustment does not need a guaranteed, or even a strong, chance of removing your disadvantage to count as reasonable under the law. A lesser prospect can be enough.

Employee-favourable 2010

If an investigation clears you, your employer cannot still hold a disciplinary hearing.

If your employer's investigation clears you of serious wrongdoing, they cannot still push ahead with a formal hearing on the strength of the same findings.

Employer-favourable 2010

Working in a hostile environment created by others doesn’t always make your employer liable.

When the people abusing you are not your colleagues, your claim against your employer turns on what your employer itself did or failed to do about it, not on how hostile the environment was.

Employee-favourable 2010

If your employer really believes you were dishonest, they have to say so to your face.

You can only be fairly dismissed for dishonesty if your employer actually accuses you of it, in plain words, before the decision is made.

Mixed 2010

If you’re made redundant on maternity leave, your employer must actually offer you a suitable role, not just a chance to apply for one.

If you're made redundant during maternity leave and a suitable role exists, your employer must offer it to you outright, not just invite you to apply.

Employer-favourable 2010

Genuine settlement talks stay protected, even in a discrimination claim.

What you or your employer say during genuine settlement negotiations is protected from later use in a tribunal, even in a discrimination claim, unless it amounts to something as serious as fraud or blackmail.