Mixed
1989
Genuine settlement communications are absolutely protected from use in tribunal proceedings, whether or not they are marked “without prejudice”.
Employee-favourable
1988
If your employer cuts your pay without your agreement, you can continue to work under protest and claim the difference, without needing to resign, as long as you make your objection clear immediately and in writing.
Employee-favourable
1988
The disciplinary procedure in your contract binds your employer, so a serious-sounding allegation does not let them skip the steps they agreed to before dismissing you.
Employee-favourable
1987
Wages you earn in a new job during a notice period your employer failed to give you cannot be deducted from the notice pay your employer owes you. You are entitled to both.
Employee-favourable
1987
If you were made redundant without warning or consultation, you were denied something you were legally entitled to. A genuine redundancy situation does not make an unfair process acceptable.
Employer-favourable
1987
Reporting harassment should trigger a real response from your employer, not just a promise.
Employee-favourable
1985
If your employer has been treating you badly over time, the cumulative effect of those incidents can support a constructive dismissal claim, even if no single incident was bad enough on its own.
Mixed
1984
The without prejudice rule protects the content of settlement negotiations, but it does not prevent a court from examining what happened when the question is whether a concluded settlement was properly reached or procured.
Mixed
1984
A "without prejudice save as to costs" offer is protected from use on the merits of a claim, but can be produced after judgment on the question of costs. In employment tribunals, this affects costs risk.
Employer-favourable
1983
In an unfair dismissal claim, the test is not what the tribunal would have decided but whether your employer’s decision was one a reasonable employer could have made. Process failures are often where employers fall outside the range.
Employee-favourable
1982
A redundancy can be genuine and still be unfair, because fairness is judged on the process used to select you, not only on whether the business need was real.
Employee-favourable
1981
You do not have to accept a demotion dressed up as suitable alternative employment just to protect your redundancy pay.
