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Employment lawEmployment tribunalsLetters

Tribunals: impossible burden

by Personnel Today 29 Jun 2006
by Personnel Today 29 Jun 2006

Any court may become irritated at poor representation by any professional, and it is a fact of life that the name of the game is to keep the chair on side.

Unless the HR person’s employer regularly faces claims, attendances at court are likely to be fewer than for an employment lawyer serving many clients; thus the HR person’s presentation skills may be less well honed.

Perhaps more relevant is the nature of the hearing.

Tribunals deal with claims relating to personal rights, and the tests in some types of case can often be difficult to apply in a forensic way.

For example, in discrimination claims, the case will turn on what the claimant felt, rather than a carefully prepared legal argument.

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Overall, there is no doubt that the system imposes an almost impossible burden on employers, who are forced to spend large sums of money to defend their position, regardless of its merits.

Adrian Marlowe
Managing director, Lawspeed

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

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