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Employment Tribunal decisions database

Discussion in 'Workplace dilemmas' started by Rott Weiler, Mar 23, 2017.

  1. Rott Weiler

    Rott Weiler Star commenter Forum guide

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    The government have now put online a public listing of all Employment Tribunal decisions with the full text of the judgement. You can search it both by case title (eg a school's name) and search the full text where the names of individuals may appear. So you can find out whether, for example, your head has been named in other Employment Tribunal cases at previous schools. The flip side is that teachers bringing a Tribunal claim can also be searched by name and the details of their claim and personal information about them read by anyone - including journalists looking for articles to put in the local paper.

    Access it here:

    https://www.gov.uk/employment-tribunal-decisions

    I understand that the database is still 'work in progress' and not all decisions have yet been put on it. I don't know how far back they intend to go, at the moment the decisions listed are nearly all recent cases.

    It will be interesting to see what practical impact this has on Tribunal claims.
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    Last edited: Mar 23, 2017
    PeterQuint likes this.
  2. GLsghost

    GLsghost Star commenter

    https://community.tes.com/threads/online-employment-tribunal-decisions.753884/

    ;)

    I got all excited and thought you had volunteered to start a database on TES referencing the education cases, listed by date and heads of claim, to make it easier for teachers to go straight to relevant cases.

    I had already told myself that this was one job too many for me and I would let someone else do it! :D
     
    Rott Weiler likes this.
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

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    I should have guessed that you'd already posted it @GLsghost - that'll teach me to go on holiday for a week and not follow what's happening on TES :D

    It has pro's and con's for employees I suspect. I saw this comment from a law firm

    This new feature has a variety of potential implications for both individuals and employers.

    From an individual's perspective, the prospect of having a judgment on the internet which can be readily searched for by potential new employers may pressurise them to settle, or to avoid litigating in the first place. Even if an individual's claim is upheld, it is possible for certain unflattering details about their behaviour to remain in the judgment and the very fact that they have brought proceedings at all will put many employers off paying them. It is conceivable that this could have a chilling effect on the number of claims.

    As a company, this is an obvious source of bad press. Any bad behaviour will be available for all to see, and potential new employees may even search for their prospective employer before applying for a job in the first place. In discrimination or whistleblowing detriment cases, it is not unusual for staff of the employer to be named as individual Respondents. This adds an additional layer of pressure, as senior mangers' professional reputations could also be at stake.

    Another important factor for companies is the use of confidential information. Whilst tribunal judgments have always been theoretically public (in the sense that Employment Tribunal hearings are held in public and there was a database of judgments available for inspection in Bury St Edmunds), the full text of a judgment has never been so readily accessible by so many people. Any confidential evidence which makes it into the judgment will now be out in the world at large, and this is an additional risk to consider. To circumvent this issue, it may be that employers begin applying to tribunals to ask that such details are kept in a confidential schedule to the judgment, or something similar.
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  4. hhhh

    hhhh Lead commenter

    I'd have thought a number of cases might involve WRS-would this mean people's personal health details could be gleaned from a google?
     
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

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    I don't know @hhhh , maybe @GLsghost has information on this?

    Even if medical details were omitted from the written judgement it's hard to see how the basic fact that the claimant had suffered WRS could be omitted. If the claim is based in part on WRS then redacting all references to WRS would surely make the judgement impossible to understand?
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  6. GLsghost

    GLsghost Star commenter

    I was at a training day on Wednesday at which Employment Judges reflected on the very issue of accessibility of online decisions. Massive implications for both employers and employees too.

    Civil court decisions have been accessible for a long time - just not so readily.

    In answer to the WRS question - yes, if a claimant pleads WRS the full details of the material facts that influenced the decisions will be published, just in the same way that the details of personal injury claims are published now.
     
    Rott Weiler likes this.

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