Even when you are right you are wrong

Even when you are right you are wrong

So, I started by saying even if you are right you are wrong, a fairly trite phrase, but in this case one which shows the issue with going to an employment tribunal.

You may or may not be aware that all employment tribunal cases are reported on and are held in public (unless it can be proven it’s an issue of national security).

Not only that, they are also published on the internet by the government.

So, it is very much name and shame. Your company name up in lights, showing how it got it wrong and how it ended up in court.

Now, if parties settle the case, there is no judgement and no case and it is not then published on the internet and on the government website.

Judges know the law and Judges are always right? No?

Well, no, otherwise there would be no need to have appeal courts.

In the case of Griffith vs Scarista (a recent Employment Appeal Tribunal (EAT) hearing in London) there was a preliminary hearing before a Judge sitting alone.

The parties then reached agreement on a Settlement and the claimant withdrew her claim.

That should have been an end to the matter.

Except it wasn’t. The Employment Judge (who should have known better) went on an issued a judgement from the preliminary hearing and this was published (it should not have been).

There was no “live” claim.

Even when all of this was pointed out to the Judge, he still persisted that he was right and he refused to cancel his judgement.

The company then had to go to the EAT to have the judgement annulled (in effect).

I am sure that most people would agree that this was a huge waste of time and money and the expense of yet another hearing, which should never have needed to take place.

As of today, through our diligence and knowledge and hard work, we have managed to settle two employment tribunal cases for clients, ensuring that they didn’t end up in court, facing months of stress, before the cases came to court.

We also managed to get a claimant to stop her own employment tribunal case, which had been set for 5 days later in 2025, due to being diligent and using the law to ensure that she couldn’t just try and in effect legally extort £10K from one of our clients.

We did have a preliminary hearing, but when she saw how much work she actually had to do and not just in writing 6 sentences in her ET1 about how she had been treated (all lies) and having to do some real work, decided to drop her case with immediate effect.

So, if you want a team with over nearly 60 years of HR and Employment Law experience helping you, give us a call.

We are on 01313312735 (office), Andrew (07970797544), Lindsay (07725260611) or Paul (07976723264) then we will listen and help.

#employment #employmentlaw #HRadvice #HR #humanresources