TRIBUNALS - 23.08.2017

The hidden dangers of online tribunal decisions

Online judgments. In February 2017 employment tribunal decisions become accessible online (see Follow up ). However, the database goes further than just recording judgments. Where a claim has been withdrawn or settled via Acas, this is still recorded as a decision and those are also online. They give the parties’ names, the type of claim and the outcome, but not the actual settlement details. So the post-claim settlement of a dispute will not secure complete confidentiality.

Search engines. Search engines, e.g. Google, will also return decisions in the database, meaning employees can easily find decisions concerning claims made against you, even if you settled them.

Pro advice. A search of a job applicant’s name should bring up any recent tribunal decisions in which they were a claimant, so you could use the information to weed out unsuitable candidates. However, if you deny someone a job because of the existence of a previous discrimination claim, that constitutes unlawful victimisation, so don’t alert individuals to your findings!

Employment tribunal decisions

The online database of tribunal decisions includes basic information relating to claims that have settled or been withdrawn, so be aware that a post-claim settlement will no longer be completely confidential.

© Indicator - FL Memo Ltd

Tel.: (01233) 653500 • Fax: (01233) 647100

subscriptions@indicator-flm.co.ukwww.indicator-flm.co.uk

Calgarth House, 39-41 Bank Street, Ashford, Kent TN23 1DQ

VAT GB 726 598 394 • Registered in England • Company Registration No. 3599719