Employment Tribunals Online Judgment Register
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Originally planned for autumn 2016, the Government’s online register of Employment Tribunal Judgments has now arrived.
When the register was announced back in June 2016, it was confirmed it would include all Judgments moving forward, but that no decision had been taken in relation to existing Judgments. The new register has included some Judgments dating back to 2015; however there has been no announcement in relation to whether all existing Judgments will be made available.
The register is available for free public access and offers search parameters such as country (England and Wales or Scotland), jurisdiction code (the type of claim, for example unfair dismissal, disability discrimination etc.) and decision dates, as well as a free text search.
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Catharine
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It’s worth remembering that Employment Tribunal decisions are ‘first instance’ decisions and so are not binding authorities (whereas cases from the Employment Appeal Tribunal and higher Courts are). That being said, first instance decisions are very interesting to see the current thinking of Employment Tribunals as well as how they are applying binding decisions to other cases.
The free text search option is likely to become a well-used tool in an employer’s box during recruitment processes. Many employers already admit to ‘Googling’ their applicants and incoming staff and thanks to the register, this process will now bring up more results if the individual has been a party to an Employment Tribunal claim.
How employers will use that information will remain to be seen. Coming across an applicant with a long history of unsuccessful unfair dismissal claims may ring alarm bells that they may be some sort of ‘serial litigant’ (there is already a running list of vexatious litigants available on a Government website). On the other hand however, an applicant who was a Claimant in a disability discrimination case (whether successful or unsuccessful) and taking the decision not to employ, may be an act of discrimination in itself; remember it is unlawful under the Equality Act 2010 to ask health questions of potential recruits, other than for prescribed reasons (such as establishing whether the applicant would be able to carry out an intrinsic part of the role).
Being a free online register, employees, applicants and potential applicants will also be able search the company’s name, to see whether any adverse decisions had been made against them and to make an assessment on how staff might be treated (or for existing employees, find out more details about a colleague’s departure). Similarly, the register is likely to become a keen hot-spot for reporters, meaning any adverse findings may become public elsewhere and on other platforms, in addition to the register.
For any queries, or advice and assistance with a Tribunal claim, please contact Catharine Geddes, Partner and Head of HR, or another member of LA’s Employment and HR Team who would be happy to assist.
9th February 2017
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