Category Archives: Employment Tribunals

Reforming NDAs – why it won’t solve the real problem

The first thing to be clear about is that almost any settlement of a potential Employment Tribunal claim will include a confidentiality clause. This may be called a non-disclosure agreement or an NDA. If you are a journalist. the term … Continue reading

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How much does it cost to defend an ET claim?

Mark Littlewood is the Director General of the Institute of Economic Affairs and yesterday he wrote an article in the Times attacking the HR profession for creating a ‘risk-averse, unimaginative and insipid working environment’. I’ll leave it to others to defend … Continue reading

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Employment Tribunal fees have been abolished

Blimey. I now wish that, when I wrote yesterday’s post on the imminent  Supreme Court ET fees decision, I had sounded rather more confident. Frankly, though, I found it difficult to believe that the Court would really be so bold as … Continue reading

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Supreme Court ready to rule on Tribunal fees

This is a post with a very short shelf life. By Wednesday afternoon it will be irrelevant. On Wednesday morning the Supreme Court will give its decision in the Judicial Review proceedings challenging the legality of the Employment Tribunal fee … Continue reading

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Early conciliation: what will success look like?

I should say at the outset that I am a big fan of Acas in general and its conciliation service in particular. In the hundreds of cases that I have been involved in – representing both employers and employees – … Continue reading

Posted in Early conciliation, Employment Tribunals, Enterprise and Regulatory Reform Bill | Tagged , , | 2 Comments

Why did John McCririck lose his age discrimination claim?

So why did John McCririck lose? The simple answer is that I don’t know. And that’s a problem because I have read the 44 page Employment Tribunal decision. Explaining why one side has won and the other has lost is … Continue reading

Posted in Age discrimination, Employment Tribunals | Tagged , , | 8 Comments

Employment Tribunal Fees – a Shock to the System

Monday marks what is probably the most profound change in the Employment Tribunal system since Industrial Tribunals were given jurisdiction to hear unfair dismissal claims back in 1971. For the first time a claimant will have to pay a fee … Continue reading

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