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Constructive dismissal

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  • robatwork
    robatwork Posts: 7,338 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Do you have any evidence for this or particular experience of employment tribunals?

    No and yes.
    It is nonsense that spurious claims get a free hit. The ET can and does order Claimants who bring spurious claims to pay the legal costs of their employer.

    I had to wait over 15 months from being first notified to actually appearing in an ET, as they are so clogged up with claims. The claimant got nothing but wasn't ordered to pay costs. I'll bet very very few claimants are, although as you're in the know perhaps you have evidence on what percentage of claimants pay legal costs of the defendants?
  • robatwork wrote: »
    I had to wait over 15 months from being first notified to actually appearing in an ET, as they are so clogged up with claims.

    The ETs taking a long time is a good thing for Respondents, not for Claimants ....
    The claimant got nothing but wasn't ordered to pay costs. I'll bet very very few claimants are, although as you're in the know perhaps you have evidence on what percentage of claimants pay legal costs of the defendants?

    The fact that you won the case doesn't mean it was a spurious claim.

    There is a clear power for the ETs to award costs against Claimants who bring spurious claims, and the Tribunals do use it - there are a number of reported cases to this effect.

    I don't know whether there are officially published figures as to what percentage of claimants are ordered to pay legal costs.
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