Labour & European Law Review
18 June 2014
The government has just published its 2013 survey of employment tribunal applications in which half of all claimants said they would be influenced by the introduction of a claim fee of £250.
To succeed in a claim of constructive dismissal, claimants have to prove there has been a fundamental breach of contract by their employer (among other things) but what if they have also been discriminated against?
Tribunals have to identify “something more” than evidence of unreasonable and less favourable treatment on the ground of a protected characteristic in discrimination claims to find a discriminatory reason for the less favourable treatment and thus reverse the burden of proof.