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.

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Unfair Dismissal 55 Disability Discrimination 44 Discrimination 34 Procedural Fairness 32 Constructive Dismissal 31 Reasonable Adjustments 28 Employer duties 22 Equality Act 22 Occupational Health 22 Harassment 21

Redundancy 21 Mutual Trust and Confidence 18 Compensation 17 Employment Tribunal 16 Evidence and records 16 Disciplinary procedure 15 Contracts and Agreements 14 Grievance procedure 14 Pay 14 Whistleblowing 13 Breach of contract 12 Disciplinary Process 12 Capability 10 Pregnancy and Maternity Discrimination 10 Misconduct 9 Protected disclosure 9 Settlement 9 Bullying 8 Detriment 8 Employment rights 8 Consultation 7 Management Conduct 7 Suspension 7 Time Limits 7 unpaid wages 7 Without Prejudice 7 case-law 6 Disciplinary Investigations 6 Employment Status 6 Ill-health capability 6 Resignation 6 Disciplinary 5 insolvency 5 notice pay 5 TUPE 5 work-related-stress 5 wrongful dismissal 5 Affirmation 4 duty-of-care 4 Implied Terms 4 Polkey Reduction 4 Right to Representation 4 Vicarious Liability 4 Victimisation 4 Worker Rights 4 Attendance Management 3 Investigation 3 Natural Justice 3 Public interest 3 Race Discrimination 3 Sick Leave 3 Trust and Confidence 3 Working time 3 Contributory Conduct 2 Disclosure 2 Dismissal procedure 2 Holiday Pay 2 ill-health 2 Last Straw 2 managerial-competence 2 National Minimum Wage 2 Restraint of Trade 2 sickness absence 2 written warning 2 absence 1 Adoption Leave 1 Agency Workers 1 bias 1 compensatory-award 1 Consistency 1 control-test 1 Cumulative Disclosures 1 dismissal 1 education 1 higher-education 1 HMRC and Tax 1 Information vs Allegation 1 Length of service 1 Opt-out agreements 1 Overtime 1 Protected Conversation 1 public-interest-test 1 Qualifying Disclosure 1 reason-for-dismissal 1 Religion or Belief Discrimination 1 self-employment 1 Sex Discrimination 1 Shared Parental Leave 1 statutory-guarantee 1 Strike-out Threshold 1 worker-status 1 Working Hours 1

Outcome

All Employee-favourable 157 Employer-favourable 42 Mixed 35

234 case studies

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Employee-favourable 2025

Nobody gets to weigh what you can do against what you can’t, not even a tribunal

A diagnosis is real evidence your impairment is substantial. You shouldn't have to prove that all over again.

Disability Discrimination Employment Tribunal Reasonable Adjustments

Employee-favourable 2025

Your employer has to act on an occupational health report, not just receive it.

If your employer receives an occupational health report recommending adjustments and does not act on it, that failure can support both a reasonable adjustments claim and, if you resign because of it, a constructive dismissal claim.

Constructive Dismissal Disability Discrimination Occupational Health Reasonable Adjustments Unfair Dismissal

Employee-favourable 2025

Burying your race complaint, then coming down hard on you later, can itself be discrimination.

Sitting on a race complaint and then disciplining you for something unrelated and minor is a combination that can itself count as unlawful discrimination.

Constructive Dismissal Harassment Race Discrimination Unfair Dismissal

Mixed 2025

Your unfair dismissal award can still be cut for your own conduct, even after you win.

Winning an unfair dismissal claim doesn't guarantee full compensation if your own conduct played a part.

Disciplinary Misconduct Polkey Reduction Procedural Fairness Unfair Dismissal

Employee-favourable 2025

When a client wants someone removed, your employer still has to investigate first.

If you raised concerns at work and were subsequently removed or dismissed, the timing and connection between those two things matters. Your employer cannot lawfully use a client complaint or formal process as cover for acting against someone who spoke up.

Disciplinary Process Unfair Dismissal Whistleblowing

Employee-favourable 2025

If a disability explains what you did, your employer cannot skip straight to discipline.

If a disability plays a part in something you are accused of at work, your employer must actually consider that connection before disciplining you. It must also look at less punishing options first.

Disability Discrimination Disciplinary Process higher-education Procedural Fairness

Employee-favourable 2025

Being called “a bully” by staff is not proof that you bullied them, your employer still has to find out what they mean.

An accusation of "bullying" has to be backed by specific examples your employer actually investigates, not just a label staff have used.

Bullying Contributory Conduct Disciplinary Process Unfair Dismissal

Employee-favourable 2025

Your employer can change without you knowing, and that new employer still owes you.

Being told you're redundant because your employer is insolvent doesn't always mean that's the real story. Your job might have already moved to a different, connected company without anyone telling you. When that happens, that new company carries the legal responsibility for what you're owed, including your redundancy pay, notice pay, and holiday pay. Find out who really runs your old job before you go anywhere near a government claims form.

Pay Redundancy TUPE

Employee-favourable 2025

A final written warning issued during a mental health crisis is not automatically fair.

If you were disciplined or dismissed following an absence connected to a mental health crisis, your employer may have been required to consider whether a health condition was relevant before taking action, even if you had never been formally diagnosed.

Disciplinary Process Occupational Health Unfair Dismissal

Mixed 2025

Your employer must consider your performance after a final warning, not just before it.

If you're dismissed for poor performance after a final warning, your employer has to look at how you actually performed since that warning, not just repeat the evidence that led to it.

Capability case-law managerial-competence written warning

Employee-favourable 2025

Changing your hours without letting you challenge it can be disability discrimination.

If you have a disability, your employer must consider reasonable adjustments when working arrangements change, including changes made while you are off sick.

Disability Discrimination Occupational Health Reasonable Adjustments Sick Leave

Employee-favourable 2025

If the medical evidence about you conflicts, your employer has to check again before deciding.

If your employer has conflicting medical evidence about your fitness for work, it has to resolve that conflict with occupational health before deciding your future, not just act on whichever version suits it.

Attendance Management Capability Disability Discrimination Occupational Health Unfair Dismissal

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