Whilst there are many reasons to take legal action, there is always a flip side.
By way of example, according to Acas each case costs the employer an average of £2,000 just to complete the tribunal form, and up to £4,210 for advice and representation after the claim has been submitted.
The pain just does not hit companies.
According to 2008 SETA reports, 36% of claimants said they suffered stress or depression, or that they had found the case emotionally draining.
Stressful impacts were more common if the claimant had launched a discrimination case (48%) or if the claimant was a woman (46%). The next most commonly mentioned negative effects on claimants were: physical health problems (10%); difficulty in getting re-employed (9%); and loss of confidence or self-esteem (8%).
Discrimination cases are emotive, often locked in bitterness and leave long standing scars.
Generally litigation can be painful, but if Claimants are ready for the pain, they can handle the litigation.
Beyond the benefits of mediation, there is the free – pre-claim conciliation (PCC) service run by Acas.
Acas conducted a trial of the service in 2008, which involved 900 cases: most of the companies involved were small businesses with 15 or fewer staff. Of those that took part, 60% were satisfied with the outcome of the PCC service, while the remaining 40% went on to tribunal.
The service was offered nationwide in April last year and according to Acas the numbers of success has risen.
By all means consider using the Acas service, but less us be quite clear, a litigant in person rather than someone represented by a lawyer is going to fair far worse using such a process fgor two key reasons.
1 The service provided by Acas is erratic. Some employees of Acas are fantastic. Some are simply not there.
2. A Company really only has respect for someone who is legally represented. Provided the lawyer and the client can be as one on the fee-structure(easier said than done), the company is going to have to negotiate. Beyond all the emphasis on mediation, peace and goodwill, there has to be the element of threat there.
Justin Patten, Solicitor