Employment Tribunal Decisions Disclosed

On the 9 February 2017, the HM Courts and Tribunals Service launched its online database of employment tribunal decisions. This means that all tribunal judgements from the 9 February 2017 will be available and can be searched for online.

The database not only covers judgements made in 2017 but also some of the judgements made within 2015 and 2016. Users can search by party name, type of claim and date. In addition, the database also hosts judgements dismissing claims that have been withdrawn.

For both employers and prospective employees, this can provide greater transparency as to each party’s history. However, employers should be wary of the effects of victimising an employee under the Equality Act 2010.

Employees who are contemplating bring a claim can use the database to support their arguments, possibly to:

• See if there is are consistent behavioural patterns of the employer (i.e. in terms of settlement, general fact pattern);

• Rely on the threat of the judgement being publicly-available online during negotiations.

However, parties must bear in mind that the terms of any settlement agreements will remain confidential where a case has been withdrawn due to settlement. Therefore, the viewer of the case will only be able to see the parties’ names and case number and not the specific terms of any agreement (i.e. settlement amount, etc.).

At Foskett Marr Gadsby & Head LLP, we have the expertise and the experience to guide you through the everchanging commercial and legal scenery. Should you wish to speak further about this with someone, then please either contact either Robin Cearns (Loughton office) or Richard Gordon (Epping office) on 020 8502 3991.