0.1 Introduction To Precedents Pages

Working Families Precedent  Pages

These pages were funded by the employment discrimination team at Leigh Day & Co   We would particularly like to thank Camilla Palmer of Leigh Day for her advice in relation to these pages. 

In addition, we thank Tamara Lewis of Central London Law Centre for writing most of the material on this site and for being so generous with her time.

This resource is ideally for use by an adviser who has some knowledge of employment law, but we know that individuals will probably read the pages too. 

All users of these pages should note that they are not a comprehensive guide to the law and we recommend you find legal advice to complement the information on these pages and we also provide a list of useful resources.

Finally, before making a claim please consider:

• Trying to resolve matters amicably with the employer.  If this is done early on, the worker avoids all of the disadvantages of bringing a case (see below) and may achieve an outcome that the tribunal could not order, such as an agreed reference.

• The advantages and disadvantages of bringing a claim. Bringing a claim has many disadvantages for a claimant including: time, stress, lack of certainty regarding outcome, costs and publicity.  Before a worker brings a claim, give the worker an idea about the strengths and weaknesses of their case and a conservative estimate of what they will achieve in compensation if they win. 

• That after receiving advice about the advantages and disadvantages of an employment tribunal claim, the worker may decide that the right thing for them is not to take any action against their employer.

• Mediation - this involves a meeting with the worker, their employer and an independent mediator.  The mediator works with the parties to try and help both agree a way forward.  One of the disadvantages of mediation can be the cost, although in some cases  Working Families may be able to arrange free mediation.  Please contact us to discuss.

• Time limits - the rule of thumb is that the worker needs to have made their claim within three months less a day of the action complained of.  If time limits are not complied with, a claim is likely to be time barred.   Time limits must be complied with even if attempts are being made to resolve matters by a grievance and/or through mediation.   Complying with time limits protects a worker’s position.  If a time limit is missed, the worker will lose their right to bring a claim and as a result they will lose their negotiating advantage.

• Costs are not normally awarded against the claimant in the employment tribunal but they can be. If, in the opinion of the Tribunal, a party has in bringing the proceedings, acted vexatiously, abusively or otherwise unreasonably, or the bringing of the proceedings or conducting of the proceedings was misconceived, then costs may be awarded.  In addition a costs order may be made against a party who has not complied with an order or practice direction. The Tribunal has the power to order costs of up to £10,000 or more. Tribunals are increasingly awarding costs, although this only happens in a minority of cases and the tribunal may have regard to the paying party’s ability to pay when deciding how much they should pay.

List of precedents

The information and law on the precedent pages is as accurate as possible but it is only a summary of the law in England and Wales and it is not a comprehensive guide to employment law.