Understanding Employment Tribunal Judgments: A Complete Guide
Every UK employment tribunal judgment is public. We'll show you how to find your competitors' cases and learn the secrets behind their costly defeats.
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Decoding Employment Tribunal Judgments
Picture yourself standing at the crossroads of workplace conflict, where fairness hangs in the balance. Employment tribunal judgments serve as the compass that guides resolution when disputes arise between employers and employees. These legally binding decisions tackle issues ranging from unfair dismissal to workplace discrimination, providing concrete answers to complex workplace conflicts.
Britain's employment tribunal system operates on the principle of open justice. Every judgment becomes part of a public register, allowing anyone to examine the written reasons behind each decision. This transparency means you can access detailed explanations of how tribunals reach their conclusions, making the process accountable to all parties involved.
However, the legal language and detailed reasoning within these documents can feel overwhelming. Understanding employment tribunal judgments requires more than just reading the final verdict - you need to grasp the reasoning, the process, and the implications.
"Employment tribunals are the cornerstone of workplace justice in Britain. Their judgments don't just resolve individual disputes - they set the standards that shape how we all work together."
This guide will walk you through every aspect of employment tribunal judgments. You'll discover what these documents contain, how the decision-making process works from claim to hearing, and where to find published judgments online. We'll also explore your options for challenging decisions and the practical steps for enforcing awards. Whether you're an employer, employee, or HR professional, this knowledge will help you navigate employment disputes with confidence.
Anatomy of an Employment Tribunal Judgment
What is a Judgment?
An employment tribunal judgment represents the formal conclusion of a legal dispute between employer and employee. This document delivers a clear verdict on whether your claim has succeeded or failed, supported by detailed reasoning that explains how the tribunal reached its decision. The judgment also specifies any remedies awarded, such as compensation or reinstatement orders.
Think of the judgment as a comprehensive report card for your case. It evaluates the evidence presented, applies relevant legal principles, and reaches a conclusion based on established facts. This structured approach means that anyone reading the judgment can follow the tribunal's thought process and understand why a particular outcome was reached.
Key Sections and Their Purpose
Every employment tribunal judgment follows a logical structure designed to make the decision transparent and accessible. The document begins by identifying the specific issues the tribunal needed to resolve, setting clear boundaries for what was being decided. This section helps you understand exactly what questions were being answered.
The key sections include:
- Issues identification section
- Findings of fact section
- Legal reasoning and precedents section
- Remedy section
The findings of fact section comes next, where the tribunal explains its conclusions about what actually happened based on the evidence presented. These findings form the foundation of the entire decision, as they establish the factual backdrop against which legal principles are applied. The tribunal carefully weighs witness testimony, documentary evidence, and other materials to reach these conclusions.
Following the factual findings, the judgment details how relevant laws and legal precedents apply to the established facts. This section demonstrates the tribunal's legal reasoning and shows how statutory provisions and case law guided the decision. Finally, the remedy section outlines any compensation, orders, or other relief granted to the successful party.
What makes this structure so valuable for understanding employment tribunal judgments?
The systematic approach means you can examine each element separately, whether you're trying to learn from past cases or evaluate your own situation.
Types of Written Decisions
Employment tribunals issue different types of written decisions depending on the circumstances of each case. The most common form is the reserved judgment, where the tribunal takes time after the hearing to consider all evidence before issuing a detailed written decision. These judgments typically provide the most comprehensive reasoning and are particularly valuable for understanding employment tribunal judgments in complex cases.
Oral judgments represent another category, delivered verbally at the end of a hearing. While these decisions are immediate, you can request written reasons within 14 days if you need a detailed explanation of the tribunal's reasoning. Some decisions may also be issued as case management orders, which deal with procedural matters rather than the substance of the claim itself.
The format of the judgment doesn't affect its legal weight - all tribunal decisions carry the same binding authority once issued. However, written judgments with detailed reasons provide the richest source of information for anyone seeking to understand how employment law principles apply in practice.
The Journey to a Decision - The Employment Tribunal Process
Initiating a Claim
Your path through the employment tribunal system begins with submitting an ET1 claim form, which sets out the details of your dispute. This document must clearly explain what happened, why you believe your rights were violated, and what remedy you're seeking. The employer then responds using an ET3 form, either defending the claim or admitting liability.
Time limits play a vital role at this stage. Most claims must be submitted within three months of the incident that prompted the dispute, though some exceptions apply. Missing these deadlines can result in your claim being rejected, regardless of its merits. The accuracy and completeness of your initial paperwork also influences how smoothly the rest of the process unfolds.
Both forms become part of the case file that the tribunal uses when understanding employment tribunal judgments and making decisions. The quality of information provided at this stage often determines how well-prepared both parties are for the hearings that follow.
Case Management and Preliminary Hearings
Before reaching the main hearing, most cases go through preliminary stages designed to clarify issues and establish procedures. Case management hearings allow the tribunal to set timetables, order disclosure of documents, and resolve any procedural disputes that might arise. These sessions help streamline the process and prevent surprises at the main hearing.
During preliminary hearings, you might need to:
- Exchange witness statements
- Disclose relevant documents
- Clarify legal issues in dispute
- Deal with applications to amend claims or responses
- Decide on evidence admissibility
Some preliminary hearings address jurisdictional questions, such as whether a claim was submitted in time or whether the tribunal has power to hear the case.
The directions issued during these hearings become binding orders that both parties must follow. Failure to comply with case management orders can result in parts of your case being struck out or weakened. Understanding employment tribunal judgments often reveals how procedural compliance influenced the final outcome of cases.
How does proper case management affect your chances of success?
Following directions carefully demonstrates professionalism and helps build credibility with the tribunal, while also making your case run more smoothly.
The Evidentiary Hearing
The main hearing represents the heart of the tribunal process, where all evidence is presented and tested. You'll present witness statements, documents, and other materials that support your version of events. The opposing party does the same, creating a comprehensive picture of what happened and why.
Cross-examination forms a critical part of this process, allowing each side to challenge the other's evidence and test the credibility of witnesses. The tribunal panel, consisting of an Employment Judge and sometimes lay members with relevant experience, observes these exchanges carefully. They use cross-examination to assess not just what witnesses say, but how convincing they are when their evidence is challenged.
Documentary evidence often proves decisive in employment tribunal cases. Emails, policies, meeting notes, and other contemporaneous records carry significant weight because they were created at the time events occurred. The tribunal examines these documents alongside witness testimony to build its understanding of what actually happened.
The presentation and quality of evidence at this stage directly influences the tribunal's findings of fact, which in turn determine the outcome of the case. Understanding employment tribunal judgments reveals how thorough preparation and credible evidence contribute to successful outcomes.
Accessing and Understanding Published Judgments
The Public Register and Open Justice
The principle of open justice means that employment tribunal judgments are available for public scrutiny through the official GOV.UK website. This online register contains judgments issued since February 2017, allowing you to search by party names, dates, or specific keywords related to your interests. The system makes it possible to research how similar cases to yours have been decided in the past.
Accessing these judgments requires no special permissions or fees - the register is freely available to anyone with internet access. You can search for cases involving particular employers, specific types of claims, or decisions from certain time periods. This accessibility supports the principle that justice should be transparent and accountable to the public.
Older judgments from before 2017 may be available through alternative sources or by making specific requests to the tribunal service. The transition to digital publication has made understanding employment tribunal judgments much easier for researchers, legal professionals, and individuals involved in disputes.
Why does this open access matter for your situation?
Being able to review similar cases helps you understand how tribunals approach different types of disputes and what factors influence their decisions.
Benefits of Reading Judgments
Studying employment tribunal judgments offers valuable insights that can transform how you approach workplace issues. For HR professionals and managers, these documents reveal common pitfalls that lead to successful claims against employers. You can identify patterns in tribunal reasoning and adjust your policies and procedures accordingly.
"Employment tribunal judgments are goldmines of practical guidance. They show you not just what the law says, but how it actually works in real workplace situations."
Reading judgments also helps you understand the standard of evidence that tribunals expect. Successful cases often feature thorough documentation, credible witnesses, and clear timelines of events. By examining these elements in published decisions, you can better prepare your own documentation and evidence gathering processes.
The legal reasoning in judgments provides practical guidance on how employment law principles apply in real workplace situations. Rather than relying on theoretical knowledge, you can see how concepts like reasonable adjustments, procedural fairness, and discrimination manifest in actual cases. This practical understanding proves invaluable when making decisions about your own workplace practices or legal position.
Understanding employment tribunal judgments through regular reading also helps you stay current with legal developments. As new cases interpret existing laws or address novel situations, the body of tribunal decisions evolves to reflect changing workplace realities.
Tips for Interpreting Judgment Content
When reading employment tribunal judgments, start by understanding the factual background that sets the context for the dispute. Look for the timeline of events and key incidents that triggered the claim. This background helps you understand why certain evidence was considered important and how the tribunal evaluated competing versions of events.
Pay close attention to the issues section, which identifies exactly what questions the tribunal needed to answer. These issues frame the entire decision and help you understand why some evidence was relevant while other information was ignored. The tribunal's approach to defining issues can provide insights into how similar cases might be structured.
Focus on the tribunal's commentary about witness credibility and the reliability of documentary evidence. These observations often reveal what impressed or concerned the tribunal about the quality of evidence presented. Understanding these assessments can help you evaluate the strength of evidence in your own situation.
The legal reasoning section deserves careful study, as it shows how the tribunal applied statutory provisions and case law to the established facts. Look for explanations of why certain legal tests were met or failed, and note any guidance the tribunal provides about best practice or policy implementation.
Challenging a Judgment - Reconsideration and Appeal
Requesting Reconsideration
If you believe an employment tribunal judgment contains errors or fails to address important evidence, you may request reconsideration of the decision. This process is not designed for cases where you simply disagree with the outcome - you must identify specific grounds such as procedural errors, administrative mistakes, or new evidence that was unavailable during the original hearing.
The application for reconsideration must be submitted within 14 days of receiving the judgment, and you must clearly explain why the decision should be reviewed. Common grounds include situations where the tribunal made arithmetical errors in calculating compensation, failed to consider relevant evidence that was properly presented, or where new evidence emerges that could not reasonably have been available during the hearing.
Your reconsideration application should be concise but thorough, identifying specific errors and explaining how they affected the fairness of the decision. The tribunal may decide to reconsider the judgment on the papers alone, or it may convene a hearing to examine the issues you've raised. The Employment Judge who heard the original case typically handles the reconsideration application.
Understanding employment tribunal judgments includes recognizing when reconsideration might be appropriate and when it's unlikely to succeed. The process aims to correct genuine errors rather than provide a second opportunity to argue your case differently.
Can reconsideration applications delay other deadlines?
Requesting reconsideration does not extend the time limit for appealing to the Employment Appeal Tribunal, so you may need to consider both options simultaneously.
The tribunal may confirm the original judgment, vary parts of it, or in exceptional cases, revoke the decision entirely. The outcome depends on whether the grounds you've identified genuinely affect the validity or fairness of the original decision. Most reconsideration applications are unsuccessful, so it's important to have strong grounds before pursuing this route.
Appealing to the Employment Appeal Tribunal
Appeals to the Employment Appeal Tribunal (EAT) focus on errors of law rather than disagreements with factual findings. You must demonstrate that the employment tribunal made a significant legal error that affected the outcome of your case. Common grounds for appeal include:
- Tribunal misapplied statutory provisions
- Failed to follow binding precedents
- Reached unreasonable decision based on evidence
The appeal process begins with filing a notice of appeal within 42 days of receiving the written judgment or written reasons. This strict deadline cannot be extended except in exceptional circumstances, so prompt action is necessary if you're considering an appeal. Your notice of appeal must identify the specific legal errors you believe occurred and explain why these errors justify overturning or varying the judgment.
Along with your notice of appeal, you must submit the original judgment, your ET1 claim form, the employer's ET3 response, and any relevant correspondence about reconsideration applications. The EAT uses these documents to understand the context of your appeal and evaluate whether it has merit. The appeal bundle must be complete and properly presented to avoid delays in processing.
The EAT operates a sift system where appeal applications are initially reviewed on paper to determine whether they raise arguable points of law. Appeals that pass this initial review proceed to a hearing, while those that don't may be dismissed without further consideration. Understanding employment tribunal judgments includes recognizing which types of errors are likely to succeed on appeal.
During an EAT hearing, you'll need to demonstrate not just that an error occurred, but that it materially affected the outcome of your case. The EAT may uphold the original judgment, vary parts of it, or remit the case back to the employment tribunal for fresh consideration. In rare cases, the EAT may substitute its own decision if the correct outcome is clear from the established facts.
Enforcing Employment Tribunal Awards
Employer's Obligation and Non-Compliance
Once an employment tribunal issues a judgment, the employer becomes legally obligated to comply with its terms within the specified timeframe. This obligation exists regardless of whether the employer agrees with the decision or intends to appeal. Non-compliance can result in additional legal consequences and financial penalties that compound the original award.
Employers who fail to comply with tribunal judgments face various enforcement mechanisms designed to secure compliance. The government operates a penalty scheme where non-compliant employers can be fined and publicly named on an official register. This naming and shaming approach provides additional incentive for compliance beyond the immediate financial consequences.
Understanding employment tribunal judgments includes recognising that enforcement is a separate process from the original claim. The tribunal that issued the judgment does not automatically take steps to collect unpaid awards - this responsibility falls to the successful claimant.
Mechanisms for Enforcing Payment
When an employer fails to pay a tribunal award voluntarily, you have several enforcement options available through the court system. The County Court can register your employment tribunal judgment and use its enforcement powers to recover the debt. This process treats the tribunal award like any other court judgment, opening up various collection methods.
The Employment Tribunal Fast Track scheme offers a streamlined approach to enforcement using High Court Enforcement Officers. These officers have extensive powers to recover debts, including the ability to seize and sell assets to satisfy unpaid awards. The fast track system is designed to speed up collection and reduce the burden on successful claimants.
High Court Enforcement Officers can visit the employer's premises, identify valuable assets, and arrange for their removal and sale if payment is not made promptly. This visible enforcement action often prompts immediate payment to avoid the disruption and publicity associated with asset seizure. The scheme covers both the original award and any additional costs incurred during enforcement.
Government penalty schemes provide additional pressure on non-compliant employers. Unpaid awards may trigger financial penalties equal to 50% of the award amount, with a minimum penalty of £100 and maximum of £20,000. The government may also publish details of non-compliant employers on a public register, potentially damaging their reputation and business relationships.
Enforcement Method | Key Features | Typical Timeframe |
|---|---|---|
County Court Registration | Standard court enforcement powers | 2-4 weeks |
Employment Tribunal Fast Track | High Court Enforcement Officers | 1-2 weeks |
Government Penalty Scheme | 50% penalty + public naming | Immediate |
How effective are these enforcement mechanisms?
The combination of court powers, specialist enforcement officers, and public naming schemes creates strong incentives for employers to comply with tribunal judgments voluntarily.
Enforcing Reinstatement, Re-engagement and Recommendations
Employment tribunal judgments sometimes order reinstatement or re-engagement rather than, or in addition to, financial compensation. These orders require the employer to return the dismissed employee to their previous position or offer them suitable alternative employment. While less common than monetary awards, these orders carry the same legal force as compensation awards.
Enforcing reinstatement and re-engagement orders can be complex because they require ongoing compliance rather than a single payment. If an employer refuses to comply with such orders, you can return to the tribunal to seek additional compensation for the continued breach. The tribunal may award compensation covering the period between when reinstatement should have occurred and when it actually happens.
The tribunal may also make recommendation orders requiring employers to take specific steps to remedy discrimination or prevent future violations. While these recommendations are not directly enforceable, failure to comply may be relevant in future proceedings involving similar issues. Understanding employment tribunal judgments includes recognising how non-monetary remedies work alongside financial awards to provide comprehensive relief.
The Practical Impact of Judgments on Workplace Practices
Informing HR Policies and Procedures
Employment tribunal judgments serve as valuable case studies that can transform your approach to human resources management. When you analyze decisions where employers faced adverse outcomes, patterns emerge that highlight common procedural weaknesses and policy gaps. These insights allow you to proactively address potential problems before they result in tribunal claims.
Disciplinary and grievance procedures often feature prominently in tribunal judgments, revealing where employers have fallen short of reasonable standards. By studying these cases, you can identify best practices for conducting investigations, following fair procedures, and maintaining proper documentation throughout the process. The tribunal's reasoning in these cases provides practical guidance that goes beyond basic policy requirements.
Documentation standards become clearer when you examine how tribunals evaluate evidence in published judgments. Cases that succeed often feature contemporaneous records, clear communication trails, and thorough investigation notes. Understanding employment tribunal judgments helps you recognize what level of documentation provides adequate protection in the event of future disputes.
Regular policy reviews informed by recent tribunal decisions help maintain compliance with evolving legal standards. As tribunals interpret new legislation or address novel workplace situations, their judgments provide guidance on how established principles apply to changing circumstances. This ongoing learning process helps your organisation stay ahead of legal developments rather than reacting to them after problems arise.
Identifying and Managing Risk
Tribunal judgments reveal the factors that most commonly contribute to successful claims, allowing you to assess your own risk exposure systematically. When you examine cases involving similar employers or workplace situations, you can identify vulnerabilities in your own practices and take preventive action. This proactive approach reduces both the likelihood of claims and the potential cost of defending them.
Risk assessment becomes more sophisticated when informed by real tribunal decisions rather than theoretical legal principles. Judgments show how seemingly minor procedural errors can undermine otherwise reasonable management decisions, highlighting the importance of getting the details right. Understanding employment tribunal judgments provides the context needed to evaluate where your practices might fall short of tribunal expectations.
Settlement negotiations benefit from knowledge of how similar cases have been decided by tribunals. When you understand the likely outcome range for different types of claims, you can make informed decisions about whether to settle disputes early or defend them through the tribunal process. This knowledge helps optimize both legal costs and business disruption.
Insurance and financial planning can also be informed by tribunal judgment analysis. Understanding the typical award levels for different types of successful claims helps you assess appropriate insurance coverage and set aside adequate reserves for potential liabilities. This forward planning reduces the financial impact of any claims that do proceed to judgment.
Promoting Early Resolution
Knowledge of tribunal processes and typical outcomes creates strong incentives for resolving disputes before they reach formal hearings. When both parties understand how tribunals approach similar cases, they can assess the strengths and weaknesses of their positions more realistically. This shared understanding often facilitates settlement negotiations that might otherwise fail.
Early conciliation, which is mandatory before most tribunal claims can be submitted, becomes more effective when participants understand what tribunals look for in successful cases. ACAS conciliators can use insights from relevant judgments to help parties appreciate the risks and benefits of different settlement approaches. Understanding employment tribunal judgments provides context that makes conciliation discussions more productive.
Workplace mediation and internal dispute resolution procedures can be designed with tribunal standards in mind. When your internal processes reflect the fairness and thoroughness that tribunals expect, employees are more likely to trust these mechanisms and less likely to pursue external claims. The credibility of internal procedures increases when they demonstrate awareness of legal standards derived from tribunal practice.
Training programs for managers and HR professionals become more effective when they incorporate real examples from tribunal judgments. Rather than teaching abstract legal principles, training can focus on practical scenarios based on actual cases, helping participants understand how their decisions and actions might be evaluated in a tribunal setting.
Seeking Expert Assistance
When to Seek Legal Advice
Certain situations involving employment tribunal judgments require professional legal assistance to navigate effectively. Common situations include:
- Receiving notification of tribunal claim
- Considering making a claim yourself
- Reconsideration and appeal processes
- Complex enforcement situations
- Discrimination and whistleblowing cases
The reconsideration and appeal processes present particular challenges that benefit from professional guidance. Identifying genuine grounds for challenging a judgment requires detailed knowledge of legal principles and procedural requirements. Legal professionals can assess whether your concerns meet the criteria for reconsideration or appeal, potentially saving you from pursuing unsuccessful challenges.
Complex enforcement situations may also require legal intervention, particularly when employers attempt to avoid complying with tribunal awards. Legal advisors can guide you through the various enforcement mechanisms available and help you choose the most effective approach for your specific circumstances. Understanding employment tribunal judgments includes recognizing when professional assistance provides better outcomes than self-representation.
Discrimination cases and whistleblowing claims often involve intricate legal tests that are difficult to navigate without professional support. These cases frequently require expert analysis of both the factual circumstances and the applicable legal framework. The stakes in such cases, both financial and reputational, often justify the investment in professional representation.
Finding the Right Support
Employment law specialists offer the focused expertise needed to address tribunal-related issues effectively. These solicitors and barristers concentrate their practice on employment disputes, giving them detailed knowledge of current tribunal practices and recent legal developments. Their specialization means they can provide more precise advice than general practice lawyers.
Citizens Advice provides free guidance for individuals who cannot afford private legal representation. Their advisors can help you understand your rights, complete tribunal forms, and prepare for hearings. While they may not provide representation at complex hearings, their support can be invaluable for straightforward cases or initial advice.
Trade unions offer legal support to their members, often including representation at employment tribunal hearings. Union representatives have extensive experience with tribunal procedures and can provide both legal and practical support throughout the process. Their collective experience with similar cases provides valuable insights into effective strategies and common pitfalls.
Legal aid remains available for certain types of employment tribunal cases, particularly those involving discrimination or complex legal issues. The eligibility criteria are strict, but successful applicants can access high-quality legal representation without bearing the full cost. Understanding employment tribunal judgments includes knowing when legal aid might be available to support your case.
How do you choose between different types of legal support?
The complexity of your case, available resources, and urgency of deadlines all influence which type of assistance will serve you best.
Leveraging Resources
Staying informed about employment tribunal developments requires access to reliable sources of legal analysis and case commentary. Litigated offers comprehensive coverage of significant tribunal decisions, providing both public updates on important cases and detailed members-only analysis that breaks down complex judgments into practical insights. This resource helps you understand how recent decisions might affect your situation or organization.
"Understanding employment tribunal judgments isn't just about reading the decisions - it's about extracting the practical lessons that can prevent future disputes." - Nick from Litigated
Litigated's expert analysis goes beyond simple case reporting to provide context about trends in tribunal decision-making and guidance on practical implications for employers and employees. Their commentary helps you understand not just what happened in individual cases, but why certain approaches succeed while others fail. This insight proves valuable whether you're defending against claims or considering making one yourself.
Professional development through resources like Litigated helps you stay current with legal developments that might affect your workplace or practice. Regular updates on tribunal decisions and analysis of their implications keep you informed about changing legal standards and emerging issues. Understanding employment tribunal judgments becomes easier when you have access to expert interpretation and practical guidance.
The combination of case law updates, practical analysis, and strategic insights available through specialised resources like Litigated provides a comprehensive foundation for understanding employment tribunal judgments. This knowledge base supports better decision-making, whether you're managing workplace issues, advising clients, or representing parties in tribunal proceedings.
Conclusion
Employment tribunal judgments serve as fundamental building blocks for fair workplace practices and effective dispute resolution. These legally binding decisions provide clarity not only for the parties involved but also for anyone seeking to understand how employment law operates in practice. By studying the structure, reasoning, and outcomes of these judgments, you gain valuable insights that can prevent disputes and improve workplace relationships.
"A tribunal judgment without enforcement is just expensive paper. The key is knowing your options and acting decisively when employers don't comply voluntarily." - Employment Solicitor
The transparency of the tribunal system, with its public register of judgments, means that this knowledge is accessible to everyone. Whether you're managing employees, facing workplace challenges, or simply wanting to understand your rights, these resources offer practical guidance based on real-world applications of employment law. The key lies in knowing how to access, interpret, and apply the lessons these judgments provide.
FAQs
Are Employment Tribunal judgments legally binding?
Yes, employment tribunal judgments create legally binding obligations for all parties named in the decision. Once a judgment is issued, you must comply with its terms regardless of whether you agree with the outcome. The binding nature of these decisions means they can be enforced through court proceedings if necessary, and failure to comply may result in additional penalties and legal consequences.
Can I appeal an Employment Tribunal judgment?
You can appeal an employment tribunal judgment to the Employment Appeal Tribunal, but only on grounds that involve errors of law rather than simple disagreement with factual findings. The appeal must demonstrate that the tribunal misapplied legal principles, failed to follow binding precedents, or reached a decision that no reasonable tribunal could have made based on the evidence presented. Appeals must be filed within 42 days of receiving the written judgment, and this deadline is strictly enforced.
How long do I have to appeal a judgment?
The time limit for appealing an employment tribunal judgment is 42 days from the date you receive the written judgment or written reasons for the decision. This deadline cannot be extended except in exceptional circumstances, so prompt action is required if you believe grounds for appeal exist. Missing this deadline will likely result in losing your right to challenge the judgment through the appeal process.
Can an employer refuse to comply with a judgment?
An employer cannot legally refuse to comply with an employment tribunal judgment and faces serious consequences for non-compliance. Failure to follow the terms of a judgment may result in enforcement action through the County Court, financial penalties imposed by the government, and publication of the employer's details on a public register of non-compliant employers. These enforcement mechanisms provide strong incentives for voluntary compliance with tribunal decisions.
Where can I find copies of Employment Tribunal judgments?
Employment tribunal judgments are available through the public register maintained on the official GOV.UK website. You can search for specific cases using party names, dates, case numbers, or relevant keywords. The online register contains judgments issued since February 2017, while older decisions may be available through alternative sources or by making specific requests to the tribunal service.
What is the difference between reconsideration and appeal?
Reconsideration involves asking the original employment tribunal to review its decision based on procedural errors, new evidence, or administrative mistakes, while an appeal challenges the legal reasoning of the judgment before the Employment Appeal Tribunal. Reconsideration applications must be made within 14 days and focus on correcting specific errors in the original decision. Appeals must be filed within 42 days and concentrate on errors of law rather than factual disagreements.
Can I get legal aid for an Employment Tribunal case?
Legal aid is available for certain types of employment tribunal cases, particularly those involving discrimination claims or other complex legal issues. Eligibility depends on your financial circumstances and the nature of your case, with strict criteria governing who qualifies for assistance. The availability of legal aid varies depending on the specific type of claim and your personal situation, so it's advisable to check your eligibility early in the process.
Are Employment Tribunal judgments binding precedents for other cases?
Employment tribunal judgments are not binding precedents in the same way as decisions from higher courts like the Court of Appeal or Supreme Court. However, these judgments can be persuasive and provide valuable guidance on how similar legal issues might be approached in future cases. Tribunals may consider previous decisions when addressing comparable factual situations, though they are not legally required to follow them as they would binding precedents from superior courts.
