case-law

6 results
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.

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.

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.

Employer-favourable 2000

If your employer’s investigation found no real evidence, that alone doesn’t make your dismissal unfair.

In an unfair dismissal claim, proving your innocence isn't the test. The test is whether your employer's investigation and belief in your guilt were ones a reasonable employer could have reached.

Employee-favourable 2013

If more than one party discriminated against you, you can claim the full amount from either of them.

If two respondents are both liable for the same discrimination, you can recover the full compensation award from either one of them. The tribunal doesn't split it between them.

Employer-favourable 1997

If your employer treated you badly, that alone doesn’t prove discrimination.

An employer treating you unreasonably is not, by itself, evidence of discrimination. You need to show a real or hypothetical comparator was treated better.