I decided not to take Hafal to an employment tribunal for two main reasons:
- I didn’t think I would get a fair hearing;
- The potential costs involved.
Mediation is the first step towards a tribunal. If mediation fails – Hafal took no part in my mediation phase – you are entitled to a certificate for the next part of the process. The certificate costs £250. To finally reach a tribunal you must pay an additional £950 four weeks before a full hearing.
In addition to these costs there is of course the chance that you lose your case and have to pay your ex-employer’s legal fees. It means you may pay thousands of pounds in the pursuit of fair play when the chances are you’re stressed and unemployed.
I thought I had a decent case for constructive dismissal against Hafal (see my previous posts). However I was ultimately dissuaded from going to a tribunal after some stark advice from Linda Jones, my ACAS mediator. Linda said: “employment tribunals don’t do morality” a phrase which stopped me dead in my tracks.
I was informed that it doesn’t matter if you think your employer reached an unfair verdict on your grievance/suspension as all the judge will consider is whether correct grievance/suspension procedures were followed.
In my view this narrow remit means unethical employers can go through the motions when a grievance is raised and manufacture an unfair judgement. This effectively leaves their employee isolated and fighting an uphill battle before a costly tribunal looms. For me going to a tribunal which “doesn’t do morality” made no sense as we all need a level playing field.
Employment tribunal claims in Wales have fallen dramatically since fees were introduced in July 2013. I think Welsh AMs need to review and reverse this decision if they can.
I also think employment grievances should be heard by an independent party to prevent unethical managers – the initial judge and jury – from closing ranks. I think the current system is a playground for anyone with dubious ethics.
Here’s the link to a WalesOnline story on the fall in employment tribunals: http://www.walesonline.co.uk/news/wales-news/employment-tribunal-claims-drop-50-9912194
My next blog post will explain the background to the injunction threat I received from Hafal Chair of Trustees, Elin Jones, in September 2015.
johngilheaney 