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LITIGATION: Five reasons why your employment tribunal spend might increase next year

01 December 2017  

A cluster of recent cases and developments is likely to mean rising costs for employers faced with a tribunal claim, warn Phil Allen and Louise Singh

After a few years in the wilderness, employment tribunal litigation is once again firmly at the forefront of every employer’s consciousness. Policy and HR best practice concerns are of course evergreen. However, the dialling back of claims following the introduction of employment tribunal fees changed the legal landscape dramatically, reshaping employment lawyers’ day-to-day workload and many employers’ approach to budgeting and risk management. Now the tables have turned and 2018 promises higher volumes of claims, each at potentially greater cost to employers. We outline the five key reasons why an employer’s tribunal spend might increase over the next 12 months.

Additional Info

  • Case(s) Referenced:

    Da’Bell v NSPCC [2009] UKEAT/0227/09

    De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879

    R (on the application of Unison) v Lord Chancellor [2017] UKSC 51

    Simmons v Castle [2012] EWCA Civ 1039

    Small v The Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882

    University of Sunderland v Drossou [2017] UKEAT/0341/16/RN

    Vento v Chief Constable of West Yorkshire Police (No 2) [2003] EWCA Civ 1871

Last modified on 29 November 2017