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 1977

Whether your dismissal was fair is judged on what your employer knew at the time.

The fairness of a dismissal is assessed on what your employer knew at the time it was made, not on information that came to light afterwards.

Employer-favourable 1974

The real reason for your dismissal must match the stated reason.

An employer can correct the label it gives your dismissal, but only if the real facts behind it were already known at the time. A reason that surfaces for the first time at tribunal is a different matter.

Employer-favourable 1973

Your employer must warn you clearly before dismissing you for poor performance.

A fair capability dismissal turns on whether you were clearly warned your job was at risk before the decision was made, not on whether the performance concerns were genuine.

Employee-favourable 1972

Unfair dismissal compensation covers your financial losses, not hurt feelings.

Unfair dismissal compensation covers financial losses only, not distress or hurt feelings, but those losses can be substantial.

Employer-favourable 1968

The label in your contract does not determine whether you are an employee in law.

Being called a contractor in your paperwork does not settle the question. What decides your employment status is who carries the financial risk and control in practice.

Mixed 1927

Settlement talks with your employer are protected, so you can speak freely.

Genuine settlement talks with your employer are protected, so you can speak honestly without it being held against you if the talks fail.