LRD guides and handbook May 2017

Law at Work 2017

Chapter 13

Judgment — written reasons 



[ch 13: page 504]

After the hearing, the tribunal gives its judgment with reasons. Either it does this at the end of the hearing or it can “reserve” judgment until a later date. It is a fundamental principle of justice that parties must be told clearly why they won or lost (Kelly v Community Link Limited [2013] UKEAT/0444/12/0503). 



If judgment is reserved, the tribunal must put its reasons in writing. If it gives its reasons verbally at the end of the hearing, the parties can ask for written reasons. This request must be made either at the end of the hearing or in writing within 14 days (rule 62). It is always sensible to ask for written reasons. They will be essential if you decide to appeal.



In 2017, HM Courts & Tribunals Service introduced a new searchable online database of employment tribunal decisions. For the time being, the database will not include past decisions. Here is the link: https://www.gov.uk/employment-tribunal-decisions. This new development has the potential to cast an unwelcome spotlight on infringing employers and the prospect of adverse publicity could help promote a settlement in some cases.