I Won My Employment Tribunal (Employer)!

[Instabus]

Almost 2 years ago to the day, I started this thread: https://www.ukbusinessforums.co.uk/...representation-at-employment-tribunal.403838/ and I just thought I would update you on the eventual outcome which I received news of on Friday.

I represented myself throughout with all the hearings being remote due to the pandemic which as it turned out was just around the corner.

When I say that I won the case, I actually successfully had it thrown out by arguing that the claim was 'vexatious, malicious and had no prospect of success'. This was after several adjournments for various reasons on the part of the employee and their lawyer.

I suppose my reason for posting this update is to give hope to other small business owners who genuinely believe they followed all the correct procedures from hiring to firing staff, and they don't need to immediately look at settling to make it go away as they may be advised.

It did take up a fair amount of my time though and caused me a lot of stress but the tribunal is now looking to award my costs which if I can recover, will soften that blow sufficiently.

 

[MBE2017]

Congrats, nice to see a forum member who does provide the outcome occasionally.

 

[Chris Ashdown]

Well done

 

[WaveJumper]

Two year of stress great outcome for you well done for persevering through it

 

[Deleted member 335660]

Congratulations, at least now you can focus on the important things in life.

 

[Paul Kelly ICHYB]

well done

 

[Paul FilmMaker]

Congrats. Before video production, I had a career in recruitment. This included being head of EMEA hiring for a multi-billion dollar tech firm.

Because I'm not white, I was continually seconded into the HR team for tribunals fighting claims of racism against the employer (there were only two, non-white members of the HR team).

We won every, single case. Where we used to win / lose was on process. If the processes were reasonable and legal, we would always win. It's the same for small businesses. It's process which is the key.

 

[Instabus]

Congrats. Before video production, I had a career in recruitment. This included being head of EMEA hiring for a multi-billion dollar tech firm.

Because I'm not white, I was continually seconded into the HR team for tribunals fighting claims of racism against the employer (there were only two, non-white members of the HR team).

We won every, single case. Where we used to win / lose was on process. If the processes were reasonable and legal, we would always win. It's the same for small businesses. It's process which is the key.

Thank you!

Since the regulations around employment tribunals changed where there are no longer costs to the employee for initiating a claim, I assume it's become far more commonplace for baseless claims to be brought against employers who have followed all procedures correctly.

My employee felt it was unfair dismissal, even though I had closed that particular business down. He claimed he wasn't given an employment contract and didn't believe the business had closed. I felt it was absurd that the case was allowed to be raised and was disappointed that it took 2 years for the tribunal to finally recognise that.

Just picking up on what you said about being seconded to the HR team. Is you being brought in because you are not white, a sort of racism in itself? I mean, race shouldn't be a factor at all in my view unless I'm missing something here? If the company followed all procedures correctly then should it matter what race the HR staff is?

 

[Paul FilmMaker]

Thank you!

Since the regulations around employment tribunals changed where there are no longer costs to the employee for initiating a claim, I assume it's become far more commonplace for baseless claims to be brought against employers who have followed all procedures correctly.

My employee felt it was unfair dismissal, even though I had closed that particular business down. He claimed he wasn't given an employment contract and didn't believe the business had closed. I felt it was absurd that the case was allowed to be raised and was disappointed that it took 2 years for the tribunal to finally recognise that.

Just picking up on what you said about being seconded to the HR team. Is you being brought in because you are not white, a sort of racism in itself? I mean, race shouldn't be a factor at all in my view unless I'm missing something here? If the company followed all procedures correctly then should it matter what race the HR staff is?

My experience is it's a lot easier to handle baseless racism accusations being non-white. Especially as the people involved can get accused. I was even accused once of racism! What am I going to do, be racist against myself?

I left that role many years ago so don't know what's going on now but my old boss thinks it hasn't changed. In a multi-billion dollar tech firm, there were an unbelievable amount of spurious claims. An insane number. We used nicknames. E.g. donkey woman (you just wouldn't believe her accusations), Mr Sleepy etc...

Hand on heart, I can say some of them were the most hilarious things we'd ever seen. Beyond anything imaginable. Donkey woman was literally unbelievable. I can't repeat it because I have a contract but you just wouldn't believe me.

But however stupid and insane the claim, accusations of racism against innocent people always hurt the innocent. I saw hardened line managers tear up and start shouting because they were so hurt. It causes emotional damage more than just financial difficulties.

So congratulations again. Well done. And I think you did a great thing posting about it on here.