Employment tribunal procedure

New and updated

• Type:

  Employment law guide

  Tribunal procedures and penalties

  Updated to include information on changes to the employment tribunal rules.

• Type:

  Legal timetable

  Extension of time limits for bringing employment tribunal claims

  The Employment Rights Bill increases the time limit for bringing a tribunal claim from three months (in most cases) to six months.

• Date:

  29 November 2024

  Type:

  News

  Employment Rights Bill: Tribunal time limit to be extended

  An amendment paper on the Employment Rights Bill has been published by the House of Commons, including a new clause extending the limitation for bringing a tribunal claim from three months to six.

• Type:

  Employment law guide

  Employment tribunals and dispute resolution: key differences in Scotland and Northern Ireland

  Updated to include reference to a new practice direction and guidance on the use of witness statements in Scotland.

• Type:

  Legal timetable

  Requirements around notice of preliminary hearings clarified

  Regulations clarify that reasonable notice must be given of the date of a preliminary hearing.

• Type:

  Interactive flowcharts

  Employment tribunals: Respond to an employment tribunal claim

  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.

• Type:

  Employment law cases

  Court of Appeal decides if email advice on avoiding discriminatory dismissal is admissible

  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".

• Type:

  Employment law cases

  Claimants cannot block publication of employment tribunal decisions

  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the principle of open justice precludes an employment tribunal from accepting a claimant's request that its judgment not be published on the public register of tribunal decisions.

• Type:

  Employment law cases

  Court of Appeal confirms that expatriate employee is protected by British employment law

  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.

• Type:

  Employment law cases

  Legal privilege: Email on how to disguise discriminatory dismissal is admissible

  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.