Employers who are faced with a claim with respect to an employee may find themselves in front of the (EAT) Employment Appeals Tribunal and it has now come to light that they may have a 50/50 chance of success. Claims for Unfair Dismissal are the most common type of claim that appears before the EAT and the consensus was always one that employers are always on the back foot.
While there are weak cases for employers to defend, if an employer feels they have a strong case, they must weigh up the new found data that the chance of a successful case defence is on the 50% mark. The figures have been compiled by Alastair Purdy a leading employment law solicitor who has recently penned a book titled “Termination of Employment: A Practical Guide for Employers”.
The basic figures derived by Mr. Purdy reveal that in 2008 employers won 47% of cases heard, in 2009 employers won 56% of cases and in 2010 55% of cases were won by employers. One key point that these “winning” figures do not disclose is the figure of settled cases prior to hearing, this rests at 60% of all cases.
The main areas of failure in a case may not necessarily be the core reason for a dismissal (this can often be commercially justifiable), the failure of cases often surrounds the lack of fair procedures and the ignorance of the rules of natural justice.
Speaking at the launch of the book, the LRC Chief Executive, Mr Kieran Mulvey confirmed that the new employment rights system should include one consolidated piece of legislation. The complex system currently in place leads to ambiguity, to inconsistency of determinations and recommendations and the insufficient use of Government resources.
Employers should seek advice from Peninsula Business Services when faced with a potential conduct or competency situation. Please phone the 24 Hour Advice Service on 01 8555050 and one of our experienced advisors will be happy to assist.
