Most of you will have read or heard about the story in the Feb 1st Times about employment tribunals. I cant comment on their views of employment law judges but there are several points of interest to anyone facing a claim
There are terrific delays in the system because of the surge since fees were abolished and the fact that the system almost closed down for six months
There will be more unfair dismissal and discrimination claims as furlough winds down.
Health and safety issues will lead to whistleblowing claims both whistle blowing and discrimination claims do not need a 2 year service qualification and damages can be unlimited.
Costs are almost never awarded in tribunal cases
Tribunals do not often strike out claims If anything they bend over backwards to keep claims going especially when the claimant represents themselves.
For employers tribunal claims are stressful, expensive and often cause reputational damage to their business even when they win.
Although it might feel repugnant and employers often want ’their day in court’ it is almost always more sensible to settle the claim before a hearing.
If you are faced with a claim and need help with reviewing your options or in negotiating a settlement agreement please contact me at https://www.