I was wondering how many members (especially those working in the public sector) feel that the current trend of using employment tribunals to resolve disability cases is unnecessarily adversarial. I feel that it should be demonstrated other more conciliatory routes have been attempted (ACAS, Judicial Mediation) before the Respondent can insist on Public time and funding being used to defend these cases. Many of the claimants are litigant in person and disability cases have become so complex over the years that specialist lawyers are used by respondents. The ET proceedings are unnecessarily lengthy and stressful for both parties.
Research that I have undertaken indicates strongly that a trend is emerging where the ethical values of HR professionals are being compromised by attempts to ‘win ET cases at all costs’ and by engaging specialist Counsel to do so. In the current economic climate alternative routes of dispute resolution should be considered to resolve disability issues.
All views would be appreciated. I have already submitted comments to the Parliamentary Women and Equalities Committee on this subject.