header-logo header-logo

The hidden costs

30 October 2014 / Clare Harrington , Daniel Hobbs
Issue: 7628 / Categories: Features , Employment
printer mail-detail
harringtonhobbs

What is the true price of defending an employment tribunal claim? Clare Harrington & Daniel Hobbs report

Since the introduction of fees in the employment tribunal and the consequent reduction in claims, it might be thought that it is the employer who now comfortably has the upper hand in this jurisdiction. In the majority of claims, the claimant is now required to comply with the requirements of early conciliation and he must pay a fee to issue his claim or navigate the application process for remission. The necessity to pay fees (in circumstances where remission is unavailable) does not stop, of course, with the issue of the claim, with further payments required to progress to a final hearing. These elements of the process have surely strengthened the tactical position of many employers. To a great extent, an employer may sit back and see whether the claimant will indeed issue a claim and actually “put his money where his mouth is”.

Recoverability of costs

However, what this approach fails to acknowledge is the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll