Skip to main content

Insight article

April 3, 2017

Publication of Employment Tribunal Judgments

What does this mean for employers facing a claim in the Employment Tribunal (ET)?

Prior to the launch of the new Ministry of Justice (MOJ)’s website, Welsh and English ET decisions were found in the Bury St Edmunds ET, and Scottish decisions were found in the Glasgow ET. Decisions were only accessible upon request and were subject to a fee, which was at odds with the civil courts and the Employment Appeal Tribunal, where judgments were and are available to the public. This discrepancy caused concern, and in the interests of access to justice, the MOJ launched its new website, making all British ET decisions publicly available.

The MOJ’s website currently contains some 200 decisions from 2015 onwards, with future ET decisions being uploaded to the website.

The way in which ET proceedings are dealt with has not changed, with hearings usually being heard in public unless an ET makes an order for privacy restrictions.

There could well be a practical impact for employers because of the increased accessibility of the decisions.

The MOJ’s website includes a search tool, enabling the user to search the content of the ET decisions. This means that a member of the public can search against the name of an employer, employee or any term that may be industry specific. In due course, the content of decisions may be listed on the results page of internet search engines when an employer’s name is simply entered in the search bar.

This development may well cause concern for some employers. The risks of adverse publicity have always been factored in the decision-making process when pursuing/defending a claim. However, more weight will need to be given to the subject. Such consideration may encourage the early settlement of employment disputes.

Employees bringing a claim could try to draw inferences about the business from previous decisions. These have the potential to be taken out of context. Written reasons are not always given in ET decisions, giving rise to only a partial view if a judgment is viewed in that instance.

There is always a flip side…

Employers can now search for any decisions involving applicants or employees. However, care must be taken to ensure employers do not fall foul of giving detrimental treatment because of the search. The laws protecting individuals from acts of discrimination do not stop at just employees.

Increased transparency in ET decisions should also give useful examples of how ETs treat issues of fact and law. This could prove particularly useful to those acting in person to clearly present their case to the ET, making it easier for employers to respond.

ET decisions will also include details of the sum awarded in claims which should help to encourage realistic expectations for settlement purposes.

Call Karen Cole today if you have any queries regarding Employment Tribunal Decisions.

Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Workplace non-disclosure agreements: What they cover, what they cannot, and what is changing
    Few employment law topics have evolved as quickly in recent years as the non-disclosure agreement, or NDA. Once a quietly drafted provision in a settlement document, the NDA has become a focal point of public debate, parliamentary reform and regulato


    Read more
  • Mitigating risks in business sales and purchases: Is warranty and indemnity insurance essential?
    Understand how warranty and indemnity insurance can help buyers and sellers manage risk, support deal certainty and facilitate smoother M&A transactions.


    Read more
  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more

What they say...

  • Client, May 2026
    Inspired confidence “Charlotte was assured and thorough, as well as being friendly and warm.”

  • Client, May 2026
    Charlotte is great “Charlotte Barbaroussis has been efficient, professional and clear at all times.”

  • Linda Grant, April 2026
    LPA Property and Financial Affairs / Health and Welfare Update “This update was carried out in a timely fashion and in detail. Many thanks to Charlotte Barbaroussis.”

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

Read more
Send this to a friend