r/employmentlitigation

I'm a litigant in person in an Employment Tribunal claim (whistleblowing detriment + automatic unfair dismissal). I have a Preliminary Hearing coming up where I'll be applying to amend the List of Issues to add several new issues/sub-issues.

My approach has been to rely on two cases together:

• Selkent Bus Co Ltd v Moore [1996] ICR 836 — the standard test (arguability, prejudice to either side, overall balance of justice).
• Abercrombie v Aga Rangemaster [2013] EWCA Civ 1148 — to argue that the focus shouldn't be on whether an amendment is formally a "new cause of action," but on the practical extent of new factual/legal enquiry it requires, and specifically whether the other side already had the underlying facts or a fair opportunity to investigate them.

Most of the amendments I'm seeking are based on documents the Respondent itself produced (through disclosure), or on its own pleaded case, rather than on anything new to them. My argument is that under Abercrombie, there's no real prejudice because they already had the material — even though the amendments introduce new legal characterisations.

A few questions for anyone with ET or civil litigation experience:

1. Is combining Selkent and Abercrombie like this actually sound, or is Abercrombie more of an EAT/appellate gloss that doesn't do much extra work at first-instance Tribunal level?
2. Are there other cases commonly cited alongside Selkent for "the respondent already had the facts, so no real prejudice" arguments that I should also have ready?
3. In practice, do Employment Judges find this kind of "no new enquiry" argument persuasive, or does lateness/volume of amendments tend to dominate regardless of whose documents they came from?
4. Any common pitfalls with relying on Abercrombie specifically that I should be aware of before a judge tests it?

Thank you

Hello everyone,

I have a PH scheduled to prove my disability. The employer has denied knowledge of my disability.

The CMO says that I've to disclose medical records and a witness statement for the impact of my conditions.

My questions are:

1. Do I have to prove that R had knowledge of my disability at this PH? or is this PH solely for the disability status?

2. The CMO says that I have to disclose ALL relevant docs related to my disability. Is it OK if I don't actually include everything but the strongest? (they are too many)

Thanks everyone!

CMO word-by-word:

"The Claimant shall send to the Respondent:

(a)Copies of all of his medical records relevant to the condition(s) relied on as giving rise to disability.

(b) A signed witness statement describing the effect of the condition(s) on his ability to carry out day-to-day activities and the duration of that effect.

Is the Union the best for representation? I don't want my job back, I feel like I have been bullied and harassed and I would like a settlement. In my experience the Union is more focused on keeping your job and a clean reference. Would an employment solicitor push harder? The Union will be representing me this week and I wondered if I should be considering alternatives?

Hi all, I am based in England, and have been working with my company for about 4/5 years. I have recently filed a claim to ET.

The R is my case has shown serious signs of bad faith and dishonesty. SAR was requested and most documents including own emails were redacted and other substantial files were missing. My company policy prevents record keeping of any sort of information and I am planning on leaving the company soon.

What risk in taking photos of keys communication to retain them and present them as evidence should they claim it was deleted before disclosure? 

I only intend to retain communications between me, management and HR department. Nothing client or company strategy related. I'd only use them in event the R claim it was deleted or doesn't exist at disclosure stage.

What admissibility on this? What risk? 

Thanks all in advance for your help :)

Good afternoon. If a Respondent’s witness does not attend, am I still able to speak to the judge about that witness statement? Many thanks

What’s people’s thoughts on this? Does it vary between public and private sector? My case is scheduled in 2028.

If a business has an insurance policy that provides legal advice and representation against employee grievances & ET claims, does it only cover that, or does it cover the payout as well if the tribunal rules against the employer?

I've heard of cases where an employer has offered to settle (without admitting responsibility) because it's cheaper than paying for representation for a lengthy court case.

Who makes the decision in these cases? Is it the insurance policy company who does a cost/time/likelihood of winning analysis, or does the employer get to decided which claims they still settle on and which ones they will fight?

(England)

I have my et1 ready , I have my SOL ready , I have my list of issues ready , I just need to sort out my evidence is there anything else I’m missing ?

Hello all,

Could someone please provide a template for a list of issues? My hearing is approaching, with a deadline of Monday. The respondent has not yet provided their case agenda or list of issues, despite multiple requests. Therefore, I anticipate needing to prepare a draft for submission to the tribunal.

Thank you in advance.

Update: Equality Act 2010 — pregnancy and maternity-related claims. Employment Rights Act 1996 — whistleblowing detriments and automatic unfair dismissal.

Let’s say someone with a disability or health issue means they’re prone to reacting defensively to criticism eg someone with ADHD and they have rejection sensitivity dysphoria. This causes them to lash out at someone who makes a complaint about a breach of the equality act. Would this be victimisation?

Interested to know what the longest delays people in here have faced are and any tips you have for anyone just starting out who inevitably will get something similar with the increase in cases from the ERA 2025.

My personal approach might not be the best to recommend as I tend to push it to the back of my mind but it weighs on me even sometimes.

Would love to see your responses and thanks in advance.

Abit of a long one sorry but the detail is essential…

Race discrimination ET claim

Received SAR results and have reviewed the investigation transcripts which have revealed the following…

Question 1 — Investigator bias and ACAS uplift

The SAR has produced a transcript of the grievance investigator speaking to the most senior witness mid-investigation, before the outcome was reached.

The investigator said the following to the witness:

"She needs to focus on herself and development rather than trying to push the blame to somebody. I shouldn't be saying that really, but it's all evidence based."

Additional context:
- The investigator acknowledged in the same conversation that face-to-face allegations "become he said she said" and cannot be delivered on — effectively pre-deciding the outcome before finishing the investigation

- In the transcript he said that he had used this witness's account of the relationship between myself and my manager as the primary lens through which to understand the complaint.

- The investigator was structurally subordinate to the witness — both in the same capability unit, the witness being more senior

- The witness had already told the investigator the allegations had "no substance" and that I had "gone ridiculous" by raising them

- The investigator acknowledged mid-conversation that he should not be saying what he was saying

Does this constitute direct evidence of investigator bias sufficient to support the full 25% ACAS Code uplift? And does it go to the root of the investigation's fairness in a way that undermines the outcomes?

Question 2 — PIP as victimisation under s.27(1)(b)

I told the witness from question 1 that I was considering raising a formal grievance (because he is the lead of my team, and my managers manager). On that same day later in the evening, he emailed a colleague — and this is the first time a PIP appears in any document relating to my employment.

Key facts:
- No PIP or mention of a PIP was documented before that date. Over the course of my employment I have always received glowing feedback. SAR proves this.

- It was never communicated to me formally at any point. I’ve only found out about this PIP conversation through the SAR and grievance outcome, because he essentially said I’m a disgruntled employee who “feels exposed” because I can’t handle performance management. Absolutely no performance management discussions took place, and my complaints are completely separate to anything performance related.

- When I received a new manager, no mention of a PIP ever came up. I’ve had this new manager for 8 months now and not a single performance concern has been raised.

Does signalling to a senior colleague an intention to raise a grievances constitute a protected act within s.27(2) sufficient to engage s.27(1)(b) — detriment because the employer believed the claimant might do a protected act — given that the PIP appeared in writing the same day?

Im considering updating my ET1 with the new information I’ve been furnished with but idk if they will argue that because I didn’t actually end up on a PIP, that I’ve suffered no detriment?

Would appreciate some informed opinions!

Hi all!

I’m currently in the process of filing my ET1 as my employer hasn’t engaged with ACAS.

Long story short I’ve got an issue going on in terms of unfair pay that’s been going on since last year.

A grievance was conducted that was mostly upheld in my favor, but this was mishandled and I was lied to during this process which affected my right to appeal.

The grievance also upheld mental health impact but the recommendations from it were never applied due to them ignoring me and refusing to address the procedural issues that happened.

During the time after I was trying to get things implemented and resolved and had to chase multiple times and wait weeks some times to get a response.

I got signed off with stress due to all of this and my employers lack of acknowledgment of the issues.

I’ve heard there’s some implied rule in your contract for mutual trust and confidence?

England jurisdiction.

Thanks!!

There’s a key document (an investigation report) not disclosed in full in my case, and I’ve resigned to the fact that I won’t get it and I’ll have to ask the tribunal to draw adverse inferences from its omission. But if I don’t know what is contained in it, in what way can I ask an adverse inference to be drawn? Do I just ask for the best inference that suits my claim to be drawn? How about where there is evidence which does not support my case that has been disclosed - can I make the case that in the absence of the investigation report, the evidence which has been disclosed should be ignored/given little weight?

Thanks!

​

I hope everyone is well.

I just recalled some random stuff based on previous experience, and I will appreciate discussions around it.

Can an employee X be dismissed by their employer Y under SOSR (Some Other Substantial Reasons):

1. Without the use of any internal policy or ACAS guidance?

2. Without any documented or shared investigation outcome prior to the dismissal proposal?

3. Without mediation?

4. Without redeployment consideration?

5. By relying on X's line manager's statement (but none from X's other colleagues) who is a subject of an ongoing grievance submitted by X?

Please feel free to share your experience/or knowledge.

I recently raised a grievance against my LM who is very senior in the company. I have evidence to support my claims (but my company doesn’t know this yet) and I’m willing to wait for the investigation to run its course even if I know the outcome is most likely prejudged but they recently initiated the WP conversation and asked me to give them a number. I didn’t give one on the spot and I said I’d think about it. In your experience, if you know your employer wants to settle, do you let them marinate or is it better to keep the momentum? And would you give them a figure first or wait for them to reveal theirs?

Hi all,

My PH has been postponed which is frustrating .

The respondent ET3 is vague and have so far yet to confirm what allegations they relied on to dismiss me, they didn’t state this in outcome or appeal letter and so far have only provided “examples” of allegations in theory ET3

Is their anyway between now and my new PH date I can ask for the R to clarify what allegations they intend to rely on at tribunal?

I have tried to ask them but they declined , is there any tribunal rule I can turn/ refer too?

Thanks

Respondent is a large NHS body however the ET3 deadline passed about 4 weeks ago.

I’m not banking on them ever responding as my employer is notoriously slow with these things (had a grievance with them which lasted 3 years, was not a complicated one either). PH is set for 2029 due to area of the UK I’m in.

Tribunal has told me judge has already written to them and no response. My case is disability discrimination so from my research I’ve read that Tribunal will usually grant extension to respondent, but what happens if respondent never actually responds??

So far I’ve been saving funds by being a LIP but I heard that the final hearing is a completely different battleground. Unfortunately my house insurance doesn’t cover legal so any representation will be my own funds. Did anyone here get a barrister for their hearing and did you think the cost was worthwhile? Would you have got a similar outcome without the barrister?