The Employment Appeal Tribunal has held that the process for deciding what, if any, inferences should be drawn from answers to a statutory discrimination questionnaire is no different from the steps that tribunals should take in any other case where an inference of discriminatory behaviour is sought to be drawn.
The Court of Appeal has provided guidance on how appeal courts should read employment tribunal judgments, which should be "read in the round" and not subjected to over-analysis or hyper-criticism.
The Court of Appeal has held that a tribunal was correct to decide that it had jurisdiction to hear discrimination claims by Hong Kong-based cabin crew because the claimants worked partly at an establishment in Great Britain.
This week's case of the week, provided by DLA Piper, covers witness statements in tribunal hearings.
The Court of Appeal has held that employment tribunals do not have jurisdiction to construe contractual terms and conditions contained or referred to in written statements of particulars of employment.
The Court of Appeal has held that an employment tribunal was wrong to decide at a pre-hearing review that a claimant's case of sex discrimination and unfair dismissal had no reasonable prospect of success.
Claire Benson, Rebekah Martin and Poppy Fildes, associates at Addleshaw Goddard, detail the latest rulings.
A table setting out the time limits for bringing tribunal claims for discrimination.
In Adegbuji v Meteor Parking Ltd EAT/1570/09, the EAT dismissed an appeal seeking to challenge a tribunal decision on the basis of fresh evidence because the claimant had failed to show that the evidence could not have been put before the tribunal at the time of the hearing. The EAT also remarked that, in general, the appropriate course for parties seeking to rely on new evidence is to apply to the tribunal for a review.
In Home Office v Tariq  EWCA Civ 462 CA, the Court of Appeal held that the statutory provisions allowing employment tribunals to adopt closed material procedures in the interests of national security do not breach European law. However, the requirement for a fair hearing means that the claimant must be given the "gist" of any closed material on which the employer will rely.
HR and legal information and guidance relating to employment tribunal procedure.