Fabian Trotman Drake

Where an Employment Tribunal identifies a potential claim and explains it to an unrepresented claimant, it is not required to raise the issue again if the claimant chooses not to pursue it. The tribunal must assist where fairness requires, but it must remain impartial and respect the claimant’s right to decide how to present their case.

An employee's mental health may be considered in a harassment claim, but it does not decide the outcome on its own.

The proposals could introduce mandatory whistleblowing policies and procedures for many employers, change the routes available for protected disclosures and extend access to interim relief following dismissal.

Proposals could reduce the weight given to substitution clauses when deciding worker status and shift the burden of proof in some tribunal claims.

Employers should review their harassment prevention measures and prepare for changes to trade union access and representation before the new rules take effect.

An unless order that threatens to dismiss a whole claim must be a fair response to any future breach, not just a way to apply pressure.

New information about an employee’s disability may require employers to review ongoing disciplinary action and reconsider whether it remains justified.

As technological advances continue to alter the way that people communicate, it is now more important than ever for academies to consider their approach to the effective management of parental complaints, particularly the growing number of complaints drafted using Artificial intelligence (AI) tools such as ChatGPT.