Written Reasons in Employment Tribunal Judgments

In Employment Tribunal proceedings in England and Wales, a judgment may be delivered orally at the end of a hearing or issued later in writing. In many cases, parties are entitled to request written reasons, which set out the tribunal's legal and factual basis for its decision.

Written reasons are a key part of employment law procedure because they explain why a claimant won or lost a case. They are often essential for understanding the tribunal's approach to evidence, credibility, and legal interpretation in disputes involving unfair dismissal, discrimination, whistleblowing, and wage claims.

The rules governing written reasons are set out in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, alongside case law and tribunal practice guidance.

What Are Written Reasons in an Employment Tribunal?

Written reasons are a formal document produced by the Employment Tribunal that explains:

• The facts the tribunal found to be proven
• The legal issues it considered
• The evidence it accepted or rejected
• The legal principles applied
• The reasoning behind the final decision

They are attached to or follow the tribunal's judgment.

In simple terms, the judgment states the outcome, while written reasons explain the reasoning behind that outcome.

When Are Written Reasons Provided?

Written reasons are not automatically provided in every case.

They are usually issued in the following situations:

1. Final hearings

After a full merits hearing, written reasons are commonly provided, particularly where:

• The case is complex
• The outcome is disputed
• One or both parties request reasons

2. Preliminary hearings (in some cases)

Written reasons may also be given after preliminary decisions, especially where:

• A jurisdictional issue is decided
• A strike out or deposit order is made
• A legal issue is determined that affects the case outcome

3. Oral judgments followed by written reasons

The tribunal may deliver an oral judgment at the hearing and issue written reasons later.

This is common where:

• Immediate clarity on outcome is required
• Detailed reasoning needs time to be drafted

Legal Right to Written Reasons

Under the Employment Tribunal rules, parties can request written reasons where they are not automatically provided.

Key principles include:

• Parties must usually request written reasons at the hearing or within the time limit set by the tribunal
• Some judgments automatically include reasons, depending on case type and procedure
• Failure to request reasons in time may limit later challenges or appeals

Written reasons are particularly important for ensuring transparency and accountability in tribunal decision-making.

What Do Written Reasons Contain?

Written reasons typically follow a structured format, including:

1. Background

• Overview of the claim and response
• Identification of the parties
• Summary of employment relationship

2. Issues in dispute

• What legal and factual questions the tribunal had to decide
• Agreed and disputed issues

3. Findings of fact

• What evidence was accepted as credible
• Key factual conclusions
• Resolution of conflicting witness evidence

4. Legal principles applied

• Relevant statutory provisions (e.g., Equality Act 2010, Employment Rights Act 1996)
• Case law principles
• Legal tests used by the tribunal

5. Application of law to facts

• How the tribunal applied legal principles to the evidence
• Reasoning for accepting or rejecting claims

6. Conclusion and judgment

• Final decision on liability
• Remedies (if applicable), such as compensation or reinstatement

Why Written Reasons Are Important

Written reasons serve several important legal functions:

1. Transparency

They explain how and why a decision was reached.

2. Appeal preparation

They are essential for assessing whether there are grounds for appeal to the Employment Appeal Tribunal (EAT).

3. Legal clarity

They clarify how legal principles were applied to specific facts.

4. Consistency in tribunal decisions

They help ensure consistent application of employment law standards.

Time Limits for Written Reasons

There is no single fixed statutory deadline for written reasons in all cases, but:

• Tribunals aim to issue them as soon as practicable after the hearing
• Delays can occur in complex or lengthy cases
• Requests made after judgment may be subject to tribunal discretion and procedural rules

If written reasons are requested for appeal purposes, timing is critical because appeal deadlines run from the date of the written judgment and reasons being sent.

Written Reasons vs Judgment

Feature	Judgment	Written Reasons
Purpose	States outcome	Explains reasoning
Detail	Brief	Detailed
Timing	At or after hearing	Usually after hearing
Legal use	Formal decision	Basis for appeal or review

What Happens If Written Reasons Are Not Requested?

If written reasons are not requested:

• The tribunal may still issue a short judgment without detailed reasoning
• It may be harder to challenge the decision on appeal
• Only limited procedural grounds may remain available

However, tribunals may still provide reasons where required by the nature of the case.

Can Written Reasons Be Challenged?

Written reasons themselves are not independently appealable, but they form the basis for:

• Appeals to the Employment Appeal Tribunal (EAT) on points of law
• Applications for reconsideration by the Employment Tribunal

Grounds may include:

• Errors of law
• Procedural unfairness
• Failure to properly consider evidence
• Inadequate reasoning in complex cases

Common Issues With Written Reasons

1. Delay in receiving reasons

Complex cases may take time to produce written reasons, particularly where multiple witnesses or legal issues are involved.

2. Incomplete reasoning

Occasionally, parties may argue that reasons are insufficiently detailed to understand the decision.

3. Disagreement with findings

Parties often disagree with factual findings, but disagreement alone is not enough to challenge a decision.

Practical Importance for Employment Disputes

Written reasons are often critical in:

• Unfair dismissal compensation claims
• Workplace discrimination cases under the Equality Act 2010
• Whistleblowing detriment claims
• Wage and holiday pay disputes

They provide the foundation for understanding tribunal reasoning and whether legal error may have occurred.

Key Takeaways

Written reasons in Employment Tribunal judgments explain how and why a tribunal reached its decision. They set out the facts, legal principles, and reasoning applied to employment law claims in England and Wales. While not always issued automatically, they are essential for understanding outcomes and preparing appeals. Their role is central to transparency, fairness, and legal accountability in tribunal proceedings.