Practical Law

An employee is not permitted to take and keep their employer’s information for the purposes of bringing a claim against their employer. If an employee does so, their employer will ordinarily be entitled to an injunction for the return of such information. This blog looks at some of the case law and considers how employees … Continue reading Covert recordings and the unauthorised storing of confidential information by employees →

There are real difficulties for everyone involved (including the tribunal) in dealing with diffuse claims of discrimination, which indiscriminately allege various different types of discrimination, harassment and victimisation, and take a scatter gun approach to the facts underlying such claims. Such difficulties led the Court of Appeal to say that “Attempts must be made by … Continue reading Limiting discrimination claims: what happens now? →

Deposit orders can be a useful tool for respondents facing unmeritorious claims. This is particularly true for discrimination or whistleblowing claims, which are notoriously difficult to get struck out. A separate deposit order can be made in respect of each allegation in a claim, not just each claim, and this can be useful where the claims … Continue reading Approaching deposit orders after H v Ishmail →

A recent decision of the EAT has removed entirely the ability under the Employment Tribunal Rules for an employment judge to reject an ET1 that cannot sensibly be responded to before a respondent is required to file an ET3. Where does that leave respondents?

Many of those who have spent years litigating in the employment tribunals will be as familiar as I am with complaints from clients that the tribunals are “kangaroo courts”. This article is not the forum to dispute (or confirm) that generalised complaint. However, whether or not you have heard (or made) such complaints, it is … Continue reading A stricter approach to pleadings and amendments in the employment tribunal? →

My recent experience in employment tribunals up and down the country has reinforced the importance of a well-drafted costs warning letter in persuading a tribunal to award costs to the winning party. I have found employment judges particularly receptive to costs applications where a costs warning letter: Clearly sets out the factual basis for the … Continue reading Costs awards in the tribunal: the importance of a well-drafted costs warning letter →