Employment Tribunal Outcomes — Real Cases, Real Lessons

Four anonymised employment tribunal case studies — unfair dismissal, constructive dismissal, disability discrimination, and unfair redundancy. What happened, why it succeeded, and what others can learn.

Dismissed for misconduct — employer never investigated

A warehouse operative with six years of service was dismissed following a colleague's complaint about aggressive language during a dispute. No investigation was carried out, no disciplinary meeting was held, and no opportunity to appeal was given. The dismissal letter cited gross misconduct.

Unilateral pay cut — forced to resign after 4 years

A customer services manager was told her salary would be cut by 15% as part of a business restructure. She raised a formal grievance; it was rejected without meaningful engagement. She resigned and brought a constructive dismissal claim, arguing the pay cut was a fundamental breach of her employment contract.

Dismissed for sickness absence caused by a disability

A data analyst with a diagnosis of fibromyalgia had periods of absence totalling around 40 days over 18 months. The employer triggered its absence management policy and dismissed her for capability after a single review meeting. No occupational health assessment was ever commissioned.

Selected for redundancy on criteria designed to remove a specific person

A senior marketing executive was placed in a pool of two when her employer announced a restructure. The selection criteria included a subjective "cultural fit" score weighted heavily in the overall assessment. She scored low on cultural fit; her colleague scored high. She was made redundant. No right of appeal was offered.

What compensation can I get for unfair dismissal?

Unfair dismissal compensation consists of a basic award (calculated like redundancy pay, based on age, length of service and weekly pay) and a compensatory award (actual financial loss up to a cap of 52 weeks pay or £115,115 for 2026/27). The tribunal can also uplift by up to 25% for breach of the ACAS Code of Practice.

Do employment tribunal cases go to a hearing?

Many cases settle before a hearing through ACAS conciliation or direct negotiation. A well-prepared ET1 that sets out clear facts and legal grounds often prompts settlement. Cases that do not settle proceed to a hearing where both sides give evidence and the tribunal decides.

How long do employment tribunal cases take?

ACAS conciliation is completed within 6 weeks. If the case proceeds to a hearing, current waiting times for a final hearing vary by region — typically 12 to 24 months from filing the ET1, though this varies significantly.

What is a subject access request and why is it useful in tribunal cases?

A subject access request (SAR) under UK GDPR requires your employer to disclose all personal data they hold about you — including emails mentioning you, performance notes, and internal communications. This can reveal evidence highly relevant to your claim, including evidence of discriminatory intent or predetermined decisions.

Employment Tribunal Outcomes — Real Cases, Real Lessons

All cases anonymised. Names, employers, and identifying details changed. Compensation figures reflect actual outcomes in similar cases.

What this case teaches

Think you have a case? Build it properly.

A well-prepared ET1 with clear facts and legal grounds is the single biggest factor in whether an employer settles. Start My Claim helps you build yours.

Employment Tribunal Case Studies — FAQ

Do employment tribunal cases usually settle?

Many cases settle before a hearing — either through ACAS conciliation or direct negotiation. A well-drafted ET1 that sets out clear procedural failures and legal grounds often prompts early settlement. Cases with strong facts and clear procedural breaches settle more readily than those with contested facts.

A basic award calculated like statutory redundancy pay, plus a compensatory award for actual financial loss up to a cap of 52 weeks pay or £115,115 (2026/27). The tribunal can also uplift compensation by up to 25% where the ACAS Code of Practice was not followed.

What is a subject access request and how does it help a tribunal case?

A subject access request (SAR) requires your employer to disclose all personal data they hold about you. This can include internal emails mentioning you, meeting notes, performance records, and communications you were not shown at the time. In redundancy and discrimination cases these can reveal evidence of predetermined decisions or discriminatory intent.

How long does an employment tribunal case take from filing to outcome?

ACAS early conciliation is completed within 6 weeks. If the case does not settle and proceeds to a hearing, current waiting times vary by region but typically range from 12 to 24 months from the date the ET1 is filed. Complex discrimination cases can take longer.