r/employmentlitigation

You win some, you lose some.

Won constructive dismissal, lost whistleblowing and sex discrimination.

Tad confused as they found that protected disclosures were made, but that the detriments that followed were not related to the content of the protected disclosures. Even though he had an unblemished career with nothing but positive appraisals until he made those disclosures.

They also found that the respondents actions could be perceived as sex discrimination but they weren’t brought in time.

So now we have a PH for December and then remedy hearing March. Any tips on how to prepare for these? Many thanks

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u/fandango1979 — 7 days ago

Claiming for expensive items bought while manic

I bought some really expensive items while I was manic. They aren’t refundable. Can I claim this on my schedule of loss? How does it work where I’ve still got the item? Happy to give to the respondent or their legal rep if that makes any difference.

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u/Little_Animal9421 — 7 days ago

Company initiated conciliation?

I recently resigned on the basis of constructive unfair dismissal, detriment for making protected disclosures, fundamental unilateral changes to my role and remuneration, disability discrimination under s.20 and s.21 Equality Act 2010, and potentially unlawful deduction from wages.

The company has been quite defensive throughout the grievance and appeal, which I expected, but they’ve now sent a very low offer and said they won’t engage with the figure I’ve proposed. At the same time, they’ve said they’ve already spoken to ACAS and want to initiate early conciliation if I don’t accept the offer, saying they were advised it might be quicker if the employer starts it.

Is it normal for companies to try to initiate early conciliation? It threw me off, given how unwilling they’ve been to engage in settlement (they had my WP land over 3 months ago)

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u/AntiqueAdvice465 — 7 days ago

Staff shared discussions with Respondents solicitor about my claim

I approached a, shall we say, chatty, staff member from the Human Resources department about an unrelated matter and they seem to have unwaveringly shared information about the Respondents discussions with their solicitor about my claim. I am pretty sure this information is privileged and I shouldn’t be knowing about it. Obviously I can’t unhear what I have heard. Can I refer to the information in proceedings? I would like to include it in my witness statement and I would also like to make an application re unreasonable conduct of the Respondents solicitor.

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u/YesterdaySalty3625 — 8 days ago

What’s next? - Advice Needed

Just wanted to see if anyone can provide a bit of clarity or advice based on their own experience as to what’s next or what I should be preparing for?

So my former employer has asked for the claim I made
to be dismissed (Claim submitted in England). They have given some reasoning as to why but I know from my side they have no evidence or proof for a lot of what they have used to try and get it dismissed. They are also saying I missed the cut off date to submit my claim but ACAS confirmed to me that the last day to submit was the day I called them.

I received an email a couple of weeks ago saying that the respondent has requested dismissal and that I should keep an eye out for further correspondence. But I haven’t had any yet and to be honest I’m not sure if there is anything I should be doing in the meantime to help lay things out?

I’ve had very little from ACAS since submission so I’m wondering if anyone knows more about the legal representation side of things, what to expect next etc.

Many thanks!

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u/BluuPurrp — 8 days ago

Weird?

Hi All,

England. Case listed for late 2029, ET1 submitted late 2025. I submitted expidited application mid 2026. I am surprised that the Respondent* wants the hearing postponed beyond 2029.

Claim include, among others, disability discrimination, failure to make reasonable adjustments, automatic/unfair dismissal, victimisation...

R is a big employer with over 5k employees.

  1. Why might they be interested in a date(s) longer than 2029, for a claim that is already *unusually too long?

  2. Has anyone experienced something similar? What was the ET stand?

Will appreciate insights/advice.

Edit: I was totally wrong. It did not asked that the final hearing be prolonged. It only suggested that witness exchange date be moved by a further 2+ months. So I WAS WRONG. I apologise for sharing wrong information. To avoid it's perpetuation, I will pull it down in a few hours after people who earlier commented might have had the opportunity to see my now added comments.

So sorry about the misinformation and thanks to those who were trying to help.

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u/Illustrious-Jello497 — 7 days ago

Should I stay quiet until the next PH?

I was dismissed soon after a protected disclosure. I'm a litigant in person in the Employment Tribunal (whistleblowing, s.103A/s.47B).

At a PH in late Summer, disclosure issues were reserved to a CMH in early 2027. Over two years, several DSARs and specific disclosure requests have produced no Teams messages or emails between the dismissing manager and the senior manager I disclosed to.

The evening before the PH, the respondent disclosed a Microsoft Purview screenshot of a search by their data-protection manager, titled with my name and filtered to that senior manager as recipient. It returned about 10,000 Teams items. The DSAR responses that manager signed produced none.

Two weeks after the PH I asked the Tribunal to extend the January hearing from 2 hours to a full day, as the earlier day listed for disclosure was used on other matters. A judge then criticised the length of my correspondence. In late September the respondent's solicitors wrote to the Tribunal saying they would reply to me on disclosure. I answered, asking specifically for the messages between those two managers. Since then I've had no ruling on the listing and nothing from the respondent.

  1. I plan to send nothing more to the Tribunal before the next PH, to avoid further length or vexatious criticism. Is that sound, or does staying silent risk something?
  2. Is there any reason not to send a short private email to the respondent's solicitors chasing their promised response, for the paper trail?
  3. At the CMH, how should I frame an unless order for these messages, given the respondent's own screenshot shows a search returned about 10,000 items?

Happy to clarify anything.

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u/RecordingPositive379 — 8 days ago