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
Employer-favourable 2021

Applying for the same promotion thirty times and being turned down every time isn’t proof of race discrimination on its own.

Repeated unexplained rejections aren't proof of race discrimination by themselves. You need facts that specifically point towards your protected characteristic as the reason, before the burden shifts to your employer to explain itself.

Employee-favourable 2021

Your employer cannot use medical evidence from after your dismissal to justify it.

An employer can only justify a health-related dismissal, or a refusal to make reasonable adjustments, using the medical evidence that existed at the time it made the decision.

Mixed 2020

If your employer refuses to hear your grievance, that can break your contract

Refusing to hear a genuine grievance is not just poor process. It can amount to a breach of your employment contract.

Employee-favourable 2020

If you’ve been bullied by a colleague, your employer may have to promise you won’t have to work with them again.

A grievance being rejected doesn't end your reasonable adjustments case, if your disability is connected to what happened.

Mixed 2020

Your employer dismissing your concerns publicly can itself be a detriment.

A dismissive or misleading response to your protected disclosure can count as a detriment, even without financial harm.

Employer-favourable 2019

Being suspended over a serious safety allegation isn’t automatically a breach of your contract.

Suspension isn't automatically unlawful just because it happens. Whether it breaches your contract comes down to whether your employer had reasonable and proper cause, on the specific facts of your situation.

Employee-favourable 2019

Recording a meeting in secret will not automatically wreck your unfair dismissal claim

A secret recording will not sink your unfair dismissal claim or your compensation on its own. A tribunal weighs why you made it and what is on it before deciding how much it should count.

Employer-favourable 2019

Paying you less for shared parental leave than a colleague gets for maternity leave usually isn’t discrimination.

Getting less for shared parental leave than a colleague gets for maternity leave usually isn't discrimination, because the two forms of leave aren't treated as legally comparable.

Employee-favourable 2019

Not investigating your discrimination grievance can itself be discrimination

Your employer must actually investigate a grievance that raises discrimination.

Employee-favourable 2019

You do not need a formal diagnosis to be protected by disability discrimination law.

Disability under the Equality Act 2010 requires only a substantial adverse effect on day-to-day activities. Substantial means more than minor or trivial, not severe or permanent.

Employee-favourable 2019

Recording a meeting at work without saying so usually isn’t gross misconduct on its own.

Secretly recording a meeting at work is generally seen as some misconduct, but it isn't automatically gross misconduct, and it won't necessarily wreck an otherwise strong unfair dismissal claim.

Employer-favourable 2019

A thin occupational health report is weaker evidence than your employer wants it to be.

A thin, bare-conclusion occupational health report carries less weight than a detailed one, so if your employer’s decision rests on a weak OH assessment, you can ask what questions OH was actually asked and whether the report properly engages with your situation.