- September 17, 2018
Limiting discrimination claims: what happens now?
There are real difficulties for everyone involved (including the tribunal) in dealing with diffuse claims of discrimination, which indiscriminately allege various different types of discrimination, harassment and victimisation, and take a scatter gun approach to the facts underlying such claims. Such difficulties led the Court of Appeal to say that “Attempts must be made by … Continue reading Limiting discrimination claims: what happens now? →
- January 18, 2017
Approaching deposit orders after H v Ishmail
Deposit orders can be a useful tool for respondents facing unmeritorious claims. This is particularly true for discrimination or whistleblowing claims, which are notoriously difficult to get struck out. A separate deposit order can be made in respect of each allegation in a claim, not just each claim, and this can be useful where the claims … Continue reading Approaching deposit orders after H v Ishmail →
- September 15, 2016
Has the Employment Tribunal now lost the power to ever reject an abusive claim form?
A recent decision of the EAT has removed entirely the ability under the Employment Tribunal Rules for an employment judge to reject an ET1 that cannot sensibly be responded to before a respondent is required to file an ET3. Where does that leave respondents?
- September 15, 2015
A stricter approach to pleadings and amendments in the employment tribunal?
Many of those who have spent years litigating in the employment tribunals will be as familiar as I am with complaints from clients that the tribunals are “kangaroo courts”. This article is not the forum to dispute (or confirm) that generalised complaint. However, whether or not you have heard (or made) such complaints, it is … Continue reading A stricter approach to pleadings and amendments in the employment tribunal? →
- July 24, 2014
Costs awards in the tribunal: the importance of a well-drafted costs warning letter
My recent experience in employment tribunals up and down the country has reinforced the importance of a well-drafted costs warning letter in persuading a tribunal to award costs to the winning party. I have found employment judges particularly receptive to costs applications where a costs warning letter: Clearly sets out the factual basis for the … Continue reading Costs awards in the tribunal: the importance of a well-drafted costs warning letter →