Rule 37 of the 2013 ET Rules of Procedure contains the Tribunal’s nuclear deterrent, the power to strike out part or all of a claim or defence. That big red button can only be pushed for a small number of specified reasons including (for today’s purposes) Rule 37(b) that the manner in which proceedings have … Continue Reading
Human Resources managers try not to have too many hate-figures in their internal client base (not too great for the old professional image, and all that) but you won’t find too many in the HR world who have any time for the serial complainer. Here are some thoughts on that front in response as a … Continue Reading
A survey carried out by the CBI published earlier this week shows that 90% of the 299 employers spoken to thought that the removal of Employment Tribunal fees would either probably or definitely lead to an increase in weak and misguided claims. Yikes. But is it true?… Continue Reading
Those few of our readers who are inexplicably not committed followers of the House of Commons Justice Committee have missed a little cracker this week with the issue of its report on Court and Tribunal fees. As everyone in the business knows, the introduction of fees in 2013 knocked the bottom out of Employment Tribunal … Continue Reading
A number of cases this year have highlighted that even though the Australian Fair Work Act 2009 regime is generally a “no costs” jurisdiction (i.e. a win does not ordinarily result in an award of costs in the successful party’s favour), the unreasonable conduct of claims can come at a high price for applicants. Costs … Continue Reading
Mr Bentley described himself as a ‘photographer and entertainer’ in the claim forms that he presented to various Employment Tribunals. However, a more accurate description of his career, according to a recent case in the Employment Appeal Tribunal, might as well be ‘serial pursuer of hopeless cases’. Mr Bentley’s modus operandi was to offer his … Continue Reading
