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 2024

Comments about your accent at work can count as harassment related to your race

You do not need to prove your manager meant to discriminate against you for repeated comments about your accent to count as harassment.

Employer-favourable 2024

Being told you’re “at risk of redundancy” doesn’t always mean it’s a real redundancy

Being told your role is "at risk of redundancy" does not automatically mean the law treats it as a redundancy, especially if your contract already allows your employer to move or vary your role.

Employee-favourable 2023

Ill-judged conduct doesn’t automatically mean your employer can fairly sack you.

Your employer needs a genuine, reasonable belief that your conduct was serious enough to justify dismissal. A policy label that happens to fit isn't enough on its own.

Employee-favourable 2023

A manager’s abusive language and a botched grievance process can add up to constructive dismissal, even without one knockout incident.

A slow or superficial grievance investigation can itself help prove constructive dismissal, on top of whatever conduct you originally complained about.

Employee-favourable 2023

If the decision is made before you’re consulted, it isn’t real consultation

A redundancy pool of one survives scrutiny only if the reason for it was genuinely open to challenge during consultation, not decided beforehand or left undiscussed throughout.

Employee-favourable 2023

One clear conversation can prove your employer knew you were disabled.

A single, clear conversation naming your condition, its effect on you, and how long it has lasted can be enough to prove your employer knew you were disabled. You don't need a diagnosis in hand first.

Employee-favourable 2022

Working part of the year doesn’t mean your holiday shrinks to match.

Being on a permanent contract but only working part of the year does not mean your paid holiday is automatically reduced to match the proportion of the year you worked.

Employer-favourable 2021

Tribunals will only look behind a final written warning if it was clearly wrong.

A final written warning behind your dismissal is rarely reopened by a tribunal. The question is usually whether the dismissal itself was reasonable, not whether the warning was fair.

Employee-favourable 2021

You don’t stop being disabled just because you’ve learned to cope most of the time

Coping doesn't mean you're not disabled. The law asks what happens when your coping stops working, not just how you manage on a good day.

Employee-favourable 2021

Sacking a pregnant employee on invented charges timed to dodge her maternity pay is one of the most serious forms of discrimination there is.

If your employer disciplines or dismisses you without a proper process, and the timing lines up with a pregnancy or maternity leave, tribunals will take that timing seriously and can award the maximum penalty for it.

Employee-favourable 2021

If a platform controls how you work, you likely have legal rights regardless of your label.

Platform workers classified as independent contractors may be workers in law if the platform exercises significant control over how they work, regardless of what the contract says.

Employer-favourable 2021

The same logic applies to adoption pay: a colleague on adoption leave usually isn’t your comparator either.

The law treats enhanced adoption pay the same way it treats enhanced maternity pay: not extending it to shared parental leave usually isn't discrimination either.