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- Type:
- Employment law guide
Updated to reflect that there are no future developments following the election of the Labour Government.
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- Type:
- Employment law guide
Updated to include reference to a new practice direction and guidance on the use of witness statements in Scotland.
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- Type:
- Legal timetable
Regulations clarify that reasonable notice must be given of the date of a preliminary hearing.
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- Type:
- Interactive flowcharts
Use this flowchart to deal with the practical and legal issues involved in responding to an employment tribunal claim, including preparing the grounds of resistance.
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- Type:
- Employment law cases
In Curless v Shell International Ltd, the Court of Appeal upheld the tribunal decision that an email that contained legal advice on how to avoid a discriminatory dismissal is protected by legal privilege because it was not advice to act in an "underhand or iniquitous way".
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- Type:
- Employment law cases
In L v Q Ltd, the Court of Appeal held that the principle of open justice precludes an employment tribunal from accepting a claimant's request that its judgment not be published on the public register of tribunal decisions.
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- Type:
- Employment law cases
In The British Council v Jeffery; Green v SIG Trading Ltd, the Court of Appeal held that whether or not an expatriate employee has sufficiently strong connections with Great Britain to come within the scope of British employment law is a question of fact, but that such an evaluation is a question of law.
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- Type:
- Employment law cases
In X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email containing legal advice on how to disguise a discriminatory dismissal as a redundancy is not protected by legal advice privilege and is admissible as evidence in a tribunal.
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- Type:
- Employment law cases
In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.
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- Type:
- Employment law cases
In Hale v Brighton and Sussex University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the decision to instigate the disciplinary procedure was not a one-off act, but the start of a state of affairs that would continue until the conclusion of the disciplinary process.