Lord Justice Mummery has warned that the public are’ best off having nothing to do with’ litigation after he rejected an appeal from an employer on the grounds that he filed the appeal 3 days late. 

Whilst the comments will undoubtedly be in keeping with the thoughts of those who find themselves locked in lengthy and costly tribunal claims, it is hardly reassuring to know that even the leading employment judge finds the law and legal system annoying and difficult. 

After all, if a judge finds the system difficult, how is the regular employer supposed to navigate the system without getting caught out?  The judge’s comments may well be a true reflection of his experiences, but how are employers supposed to have nothing to do with litigation given the vast amount of employment legislation facing them?

Advising that ‘the law is best kept as far away as possible’ the judge makes his opinions clear.  If only it was possible to follow his advice! Unfortunately for an employer, legislation governs all aspects of employment ranging from recruitment to references.  Due to discrimination legislation, it’s possible to receive a claim from an aggrieved applicant - someone that has not even been employed! 

Perhaps we can take comfort in Lord Justice Mummery’s statement ‘I am sympathetic to all litigants who get caught up in our legal system’.  In the meantime, employers are left with no option but to continue to operate their businesses according to the constantly changing employment laws.

Source:  Empire HR