There is concern about the increasing number of false tribunal claims from serial litigants.
One man alone is believed to have been involved in 150 allegations of discrimination, reports the Daily Telegraph. He had made discrimination claims in jobs ranging from architecture to mobile telecommunications and even dance examining, alleging that use of the words 'recent graduate' or 'school leaver' in adverts were discriminatory on age grounds.
The article reported one lawyer as saying "I have seen 50 decisions against him based on jobs he hadn't applied for. I am aware of at least 30 people involved in multiple claims" He said: "I don't have information to show there is a conspiracy among the serial applicants but there is a scam. It seems that everyone takes these people at face value and gives them the benefit of the doubt."
He believes serial litigants could easily be earning £50,000-£60,000 a year tax free by abusing the tribunal system, making fake discrimination claims "based on unfortunate advertisements on websites" and by bullying employers to offer payment for settling the case rather than attract adverse publicity.
Jack Straw, Justice Secretary and the Tribunal Service have been asked to consider reforms that would deal with multiple claims, but the Justice Secretary is reported as saying that the current set-up where cases are handled on an individual basis was adequate. The Tribunal Service is also reluctant to approve suggestions that claims should be published on line.
Some serial litigants are believed to spend an hour or more every day online, trawling through adverts or calling up frequently used phrases to identify potential cases where they could claim discrimination.
We can only repeat advice given to clients on many previous occasions; when recruiting, be careful not to give the impression that your job advertisement could be targeted at, or be seen as excluding, a particular section of the community; and, when terminating a worker’s employment for any reason, be sure to call for advice first. – just in case….