Employment Tribunals

STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course.

For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This subtopic will be updated in light of the ET Rules 2024 as soon as possible.

The procedural rules for the bringing of, and responding to, claims in the employment tribunal, and their subsequent management and determination, are set out in the Employment Tribunals (Constitution and Rules

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Latest Employment News

Employment weekly highlights—6 February 2025

This edition of Employment weekly highlights includes: (1) an analysis of the amendments to the Employment Rights Bill, (2) an ET ruling that foster carers are not classed as workers but may be able to bring whistleblowing and discrimination claims, (3) an EAT judgment setting our guidance for parties on providing, and for tribunals on assessing, evidence of injury to feelings, (4) an article by Christine Young and Joshua Peters of Herbert Smith Freehills LLP discussing the current position of DEI initiatives and the possible direction of travel in 2025 in the UK and US, (5) our new Practice Note on vulnerable parties and witnesses in the employment tribunal, (6) dates for your diary, and (7) other news items of interest to employment practitioners.

EAT provides steer on providing and assessing evidence of injury to feelings (Eddie Stobart v Graham)

Employment analysis: An employment tribunal erred in law by awarding a claimant a ‘manifestly excessive’ £10,000 award for injury to feelings following a successful claim of maternity discrimination, and by failing adequately to explain why it awarded the amount it did, according to the EAT in Eddie Stobart v Graham. The EAT substituted an award of £2,000 (plus interest). The EAT set out a number of factors for parties to consider when providing evidence in support of claims for injury to feelings to assist tribunals to appropriately draw inferences on impact, and useful guidance on the relationship between the manner of discrimination and the severity of the injury.

EHRC submits report on economic, social and cultural rights in Great Britain to UN

The Equality and Human Rights Commission (EHRC) has submitted a report to the United Nations (UN) titled ‘economic, social and cultural rights in Great Britain: 2025 submission to United Nations’. The report assesses the state of economic, social and cultural rights in Great Britain and forms part of EHRC’s work on monitoring the International Covenant on Economic Social and Cultural Rights (ICESCR). The measures suggested in the report are mainly aimed at the UK and Welsh governments. Key recommendations focus on enhancing ICESCR rights in domestic law, tackling socio-economic disadvantage, and improving various public services including employment support, social security, housing, and healthcare.

Foster carers win limited ability to sue for workers rights

Law360: Three foster carers have lost their application to be classed as workers in a test case that aimed to secure rights for thousands, but a tribunal did find they have been unlawfully barred from bringing whistleblowing and discrimination claims.