Guidance
We can advise and represent in relation to these claims; generally, it is very helpful to instruct the same barrister in respect of Serial Litigant´s various claims because the Tribunal can then be given the whole picture.We have developed guidance to help you deal with Serial Litigants.
The "do´s and dont´s":
From years of experience of dealing with serial-litigants, we have developed the following guidance:1. Acknowledge communications but do not engage
Some serial-litigants seem to have limitless time to engage in correspondence. Some may want to create a nuisance and may well be working under a well-practised plan.You can easily be baited into saying the wrong thing or engaging in time-consuming correspondence.
A serial-litigant may want to draw you into a legal conflict where ‘time is money’. For every solicitor’s letter you pay for the serial-litigant knows that your costs are building up whilst he or she will have no costs at all.
2. Take early legal advice
The less said the better. But, what you do say has to be short and to the point and checked by a lawyer first.3. Radio silence
Ensure all of your key staff are alerted to the problem and instruct them not to engage with the serial litigant.4. Knowledge is power
Some serial-litigants can only survive if their multiple claims are not exposed. The best tool in the fight against a serial-litigant is information: the number of claims brought, strike outs, unsuccessful hearings, costs orders etc…we can help you with this. Without this key data, you may well be taken to a full hearing.5. Smoke-out the serial-litigant
A serial-litigant may not be interested in a fair solution – just money. Non-monetary help such as an offer to look again at the individual’s CV will assist.6. Sharing information
A serial-litigant may well have brought claims at different venues across the UK.Individual employers, HR managers or lawyers will not be able to indentify a serial-litigant.
By sharing basic information through our website, we can make sure that serial-litigants are highlighted.
7. Choose the right barrister
The last thing you need is a barrister adopting a very slow, traditional approach.We recommend using one barrister for each serial-litigant. Imagine the serial-litigant’s horror when he discovers that he will be grilled by the same barrister time after time!
8. Fairness is a weapon
The best way to defeat any claim is to be a fair employer.You may not intend to discriminate, but the advert on your website for ‘recent graduates’ could genuinely preclude you from recruiting the best person for the job.
A simple audit of your procedures can help ensure that you get the best staff without legal issues getting in the way. You wouldn’t turn away Einstein because of his grey hair. Would you?