Employment tribunal litigation is an adversarial business: Ian Smith spars with the importance of proper pleadings, time limits in discrimination cases & novel anonymity claims
- Recent Employment Appeal Tribunal (EAT) decisions highlight procedural issues in employment litigation, including time limits in discrimination claims, the importance of properly pleading a case, and the rules around anonymity orders.
- Key rulings clarified the distinction between continuing acts vs one-off events, reinforced the claimant’s responsibility to plead their case, and extended the scope of the Sexual Offences (Amendment) Act 1992 to tribunal proceedings.
One aspect of the recent case law on employment law, fully reflected in this month’s brief, is the preponderance of cases on matters of procedure. Cases on substance of course crop up, but are often just examples of well-established rules or guidelines, some going back anything up to 40 years ago.
While it is important not to give these an importance that they do not merit by reporting them—if only to retain an element of sanity for hard-pressed employment lawyers (who may or may not come
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