Employment tribunal procedure

New and updated

• The 10 most important employment law cases in 2018

  Date:

  11 January 2019

  Type:

  Legal guidance

  As always, HR professionals had their fair share of employment law cases to keep track of in 2018, but what were the 10 most important judgments in 2018 that every employer should know about?

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

  Date:

  10 January 2019

  Type:

  Law reports

  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.

• Tribunal procedures and penalties

  Type:

  Employment law manual

  Updated to include information about changes to penalties for breaches with an "aggravating feature", and the employment tribunal naming scheme.

• Cases on appeal

  Type:

  Law reports

  Updated to reflect that the Court of Appeal dismissed the appeal in Uber BV and others v Aslam and others on 19 December 2018.

• 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