Employment tribunal procedure

New and updated

• Tribunal procedures and penalties

  Type:

  Employment law manual

  Enhanced to provide new content on legal professional privilege, including a reference to X v Y Ltd, which concerned whether or not an email containing legal advice on how to disguise a discriminatory dismissal was protected.

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

  Date:

  24 August 2018

  Type:

  Law reports

  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.

• Covert recording of disciplinary panel's private deliberations was admissible

  Date:

  11 April 2018

  Type:

  Law reports

  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.

• Discrimination: Instigating disciplinary procedure was start of continuing act

  Date:

  21 February 2018

  Type:

  Law reports

  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.

• Form for making a claim to an employment tribunal

  Type:

  Policies and documents

  Updated to include information on the impact on the ET1 form of Unison's successful challenge to employment tribunal fees.

• Example claim to an employment tribunal

  Type:

  Policies and documents

  Updated to include information on the impact on the ET1 form of Unison's successful challenge to employment tribunal fees.

• What fees does a claimant have to pay when bringing an employment tribunal claim?

  Type:

  FAQs

• What fees are payable when a party appeals to the Employment Appeal Tribunal?

  Type:

  FAQs

• In what circumstances are respondents required to pay tribunal fees?

  Type:

  FAQs

• Case round-up

  Date:

  1 February 2017

  Type:

  Law reports

  Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.